Application for Warrant of Commitment

Allows an immigration officer to apply to a District Court Judge for a warrant to detain a person for up to 28 days, and provides for review of existing warrants or release on conditions.

Status: active
Updated: 2026-04-27
Also known as: Warrant of commitmentReview of warrant of commitment
Sources: D5.5D5.10D5.15D5.20D5.25D5.30D5.35D5.40D5.50D5.55D5.60D5.65D5.70

At a glance

An immigration officer may apply to a District Court Judge for a warrant of commitment (or a further warrant) to detain a person for up to 28 days if, before the current detention period expires, it becomes apparent that the person cannot leave New Zealand (e.g., no craft available, identity unresolved, security risk undecided, or other inability to depart). [D5.5]

How it works

When a person is detained under Part 9 of the Immigration Act 2009, the officer must assess whether the person can be removed within the authorised detention period. If not, they may seek a warrant of commitment from the District Court. The application must be on oath, state the reasons, and may include supporting evidence. The Judge determines the application under relevant sections of the Act. [D5.5]

Steps

Identify need: Determine that before expiry of the current detention period, the person will not, or is unlikely to, depart because of one of the grounds in D5.5.1. [D5.5]
Prepare application: Make a sworn application including a statement of reasons and any supporting evidence. [D5.5]
File with District Court: Lodge the application with a District Court Judge. [D5.5]
Judge's determination: The Judge decides under sections 317, 318, or 323. [D5.5][D5.10] If the Judge is satisfied on the balance of probabilities that the person is not the person named in the application, the Judge must order immediate release. [D5.10] Otherwise, the Judge may either issue a warrant of commitment authorising detention for up to 28 days, or order release on conditions under section 320 of the Immigration Act 2009 if the Judge is not satisfied that detention is warranted. [D5.10] For applications concerning a person detained under section 313 on suspicion of being a threat or risk to security, or whose deportation has been ordered under section 163, the Judge must apply the specific rules in D5.25. [D5.25]
Mass arrivals: For mass arrival group members, follow the specific procedure in D5.75 (not covered here).

The warrant of commitment

A warrant of commitment authorises the manager of the prison or the person in charge of the premises identified in the warrant to detain the person until the earliest of the following: [D5.15]

for a person liable for turnaround, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for placement on the first available craft to leave New Zealand; [D5.15]
for a person liable for deportation, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of executing the deportation order; [D5.15]
written notification is received from an immigration officer that the person has ceased to be liable to arrest and detention under Part 9 of the Immigration Act 2009; [D5.15]
a Judge orders the release of the person; [D5.15]
the warrant of commitment expires. [D5.15]

The period of detention authorised by a warrant of commitment is calculated excluding any period that begins on the date the person escapes from lawful custody and ends 96 hours after the date the person is again taken into custody under the Immigration Act 2009. [D5.15]

Form of custody for persons detained under warrant of commitment

Every person who is to be detained under a warrant of commitment must be detained: [D5.60]

if under 18 years of age and not married or in a civil union, in a place approved by the District Court Judge, being:
- a residence or other premises under the control of, or approved by, the chief executive of the department responsible for the administration of the Children, Young Persons, and Their Families Act 1989; or
- any other premises agreed to by an immigration officer and the person's parent, guardian, or responsible adult; or
- premises approved by the Chief Executive under section 330 of the Immigration Act 2009; [D5.60]
in any other case, in a prison, or in other premises approved by the Judge, being premises approved by the Chief Executive under section 330 of the Immigration Act 2009. [D5.60]

Interpretation & edge cases

Grounds for application: The officer must believe it is apparent that before the detention period expires, a craft will not be available, identity evidence will not be supplied, the Minister will not decide on a security threat certification, or the person is otherwise unable to leave. The threshold is "apparent" rather than absolute certainty. [D5.5]
Oath requirement: The application must be made on oath; a simple letter or request is insufficient. [D5.5]
Length of warrant: A warrant authorises detention for up to 28 days. Further warrants may be sought if the circumstances persist. [D5.5]
Mandatory release if identity wrong: If the Judge is satisfied on the balance of probabilities that the person is not the person named in the application, the Judge must order the person's release from custody immediately. [D5.10]
Release on conditions: If the Judge is not satisfied that detention is warranted, the Judge may order release on conditions under section 320 of the Immigration Act 2009. [D5.10] However, the Judge must not release the person on conditions unless there are exceptional circumstances if: the person's identity is unknown or has not been established to the court's satisfaction; a direct or indirect reason for the person being unable to leave New Zealand is some action or inaction by the person after being served with a deportation liability notice or arrested and detained for deportation or turnaround; or the person claimed refugee or protection status only after being served with a deportation liability notice, deportation order, or removal order, or after being arrested and detained for deportation or turnaround. [D5.10] The conditions that the court may impose under section 320 include requirements to reside at a specified place, report to a specified place at specified times or in a specified manner, attend a refugee interview if the person is a claimant, provide a guarantor, or take specified action to facilitate deportation or departure. [D5.20] The conditions must be notified in writing to the person before release, take effect on release, and include a warning that failure to comply may result in detention under section 312 or arrest and detention under section 313 of the Immigration Act 2009. [D5.20] Conditions imposed under this section may be varied by a District Court Judge on application or by consent between the released person and an immigration officer for residence/reporting conditions if the order allows. [D5.20] A person may be detained if an immigration officer determines they have failed to comply without reasonable excuse, or if an application for a warrant of commitment is made, or to execute a deportation order. [D5.20] Conditions lapse when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under Part 9. [D5.20]
Threat or risk to security cases (D5.25): Where the warrant application relates to a person detained under section 313 on suspicion of being a threat or risk to security, or whose deportation has been ordered under section 163, D5.25 applies. [D5.25] In these cases, after confirming identity, the Judge must issue a warrant of commitment for up to 28 days unless the Judge is satisfied that release would not be contrary to the public interest. [D5.25] This differs from the general test in D5.10: under D5.25, the default is detention, and release on conditions under section 320 requires a positive finding that the release would not be contrary to the public interest. [D5.25]
Persons detained under warrant of commitment or released on conditions pending making of deportation order (D5.30): Where a person who was arrested and detained on suspicion of being a threat or risk to security is being detained under a warrant of commitment (s 317 or 318) or has been released on conditions (s 320), and the Minister either decides not to certify that the person constitutes a threat or risk to security, or fails to make a certification within 14 days of the initial arrest under s 313, the following consequences apply: [D5.30]
- the person ceases to be liable to arrest and detention under Part 9 of the Immigration Act 2009; and [D5.30]
- if the person is being detained under a warrant of commitment, an immigration officer must notify that fact in writing to the manager or other person in charge of the prison or premises identified in the warrant. [D5.30] This ensures that detention solely on security grounds is brought to an end promptly when the Minister does not certify the risk, and that custodial authorities are formally informed so release can be effected without delay. [D5.30]
Interaction with D5.1: A person who is the subject of a residence and reporting agreement under D5.1 is not necessarily immune from a warrant of commitment if they breach the agreement or circumstances change. The warrant application process is separate.
Detention beyond 6 months (D5.35): Where a further warrant of commitment under section 316 would result in a person being detained under consecutive warrants for a continuous period of more than 6 months, a stricter test applies. [D5.35] The 6‑month period is measured from: the start of initial detention if appeal rights were exhausted or did not exist; or from the later of the conclusion of appeal proceedings or expiry of the appeal period; or from the date a refugee/protection claim is finally determined if the claim was made only after service of a deportation liability notice/order or after arrest and detention for deportation or turnaround. [D5.35] The Judge must issue the further warrant only if satisfied that the person's deportation or departure is prevented by some action or inaction of the person, and that no exceptional circumstances exist that would warrant release. If not so satisfied, the Judge must order release on conditions under section 320. [D5.35] For this test, "exceptional circumstances" do not include the length of time the person has already been detained under Part 9, nor the possibility that the person's action or inaction may continue to prevent deportation. [D5.35] The 6‑month period excludes any period from the date of escape until 96 hours after recapture. [D5.35] Where a refugee/protection claim was made late, the clock restarts on final determination; if a subsequent claim is made, it starts afresh on determination of that subsequent claim. [D5.35] The section does not apply to persons whose deportation has been ordered under section 163. [D5.35] An application for a further warrant in these cases must be supported by evidence on oath from an immigration officer, include a statement of why the further warrant is required, and may include other supporting evidence; the Judge may require the officer to attend and be cross‑examined. [D5.35] For mass arrival group members, separate rules in D5.75.15 apply.
Bail not available (D5.50): A person detained under the Immigration Act 2009 may not be granted bail. The exclusive judicial mechanism for release from immigration detention is an order for release on reporting and other conditions made by a District Court Judge under the warrant-of-commitment process (see Bail (Immigration Detention)). [D5.50] Advisers should not frame release applications as bail applications; the correct approach is to seek release on conditions through a warrant application or review. [D5.50]

Detention of minors

A minor (under 18, not married or in a civil union) who is to be detained under Part 9 of the Immigration Act 2009 must have a responsible adult to represent their interests. [D5.65] A minor may be detained only in exceptional circumstances, and the approval of the Branch Manager, Compliance Operations Branch, is required for any such detention. [D5.65] This applies to both detention under a warrant of commitment and overnight detention without warrant. The definition of minor in this context cross-references D6 Minors.

Review of warrant of commitment or release on conditions

At any time during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant, an order that the person be released on conditions under section 320 of the Immigration Act 2009, or an order that the person be released from custody. [D5.40]

Likewise, while a person is released on conditions under section 320, an immigration officer may apply for an order that the person be detained under a warrant of commitment or for a variation of the conditions. [D5.40]

A person detained under a warrant of commitment may apply for a variation or for release on conditions under section 320, and a person released on conditions may apply for a variation of those conditions. [D5.40] Such applications by a detained or released person must be made with the leave of a District Court Judge, which may be granted only if the Judge is satisfied that new information has become available that is material to the person's ongoing detention or release on conditions and was unavailable at the time the warrant of commitment or the decision to release on conditions was made. [D5.40]

Any review application must be considered in accordance with sections 317, 318, or 323 of the Immigration Act 2009 as appropriate. [D5.40]

This section does not apply to mass arrival warrants of commitment (see D5.75). [D5.40]

Form of custody for overnight detention without warrant

When a person detained under section 313 of the Immigration Act 2009 (initial detention without warrant for up to 96 hours) is to be held overnight, D5.55 prescribes where they must be detained. [D5.55]

Minors (under 18, not married/in civil union): Must be detained in a residence or other premises under the control of, or approved by, the chief executive of the department responsible for the Children, Young Persons, and Their Families Act 1989, or any other premises agreed to by an immigration officer and the person's parent, guardian, or responsible adult. [D5.55]
All other detainees: Must be detained in premises approved by the Chief Executive of MBIE under section 330 of the Immigration Act 2009, or in a police station. [D5.55]

Delivery of person into custody for deportation

D5.70 sets out the mechanism by which a person already held in custody (pursuant to a warrant of commitment under Part 9 of the Immigration Act 2009) or in prison can be delivered into the custody of an immigration officer or constable for the purpose of executing deportation or effecting departure from New Zealand. [D5.70]

Delivery of a person being held in custody

Where a person is being held in custody pursuant to a warrant of commitment, an immigration officer or a constable may request the manager or other person in charge of the prison or other premises to deliver the person into the custody of: [D5.70]

a constable for arrest and detention under section 313 of the Immigration Act 2009; or [D5.70]
an immigration officer for detention under section 312 of the Immigration Act 2009 [D5.70]

for the purpose of executing the person's deportation or effecting the person's departure from New Zealand. The manager or other person must deliver the person accordingly. [D5.70]

Delivery of a person who is in prison

Where a person is in prison undergoing imprisonment, an immigration officer or a constable may, on the date that the person is due to be released from imprisonment, request that, instead of releasing the person from custody, the manager or other person in charge deliver the person into the custody of: [D5.70]

a constable for arrest and detention under section 313 of the Immigration Act 2009; or [D5.70]
an immigration officer for detention under section 312 of the Immigration Act 2009 [D5.70]