New Zealand Acts

IMMIGRATION ACT 2009 - SECT 332

332 Form of custody of persons detained under warrant of commitment

Every person who is to be detained in custody under a warrant of commitment must be detained,—

a) in the case of a person under 18 years of age who is not married or in a civil union, in a place approved for the purpose by the District Court Judge before whom the person is brought, being—

i) a residence (within the meaning of section 2(1) of the Oranga Tamariki Act 1989) or other premises under the control of, or approved by, the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 ; or

ii) any other premises agreed to by an immigration officer and the person's parent, guardian, or responsible adult; or

iii) premises approved by the chief executive under section 330 ; or

b) in any other case,—

i) in a prison; or

ii) in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330 .

Note: 1987 No 74 s 62

History: Section 332(a): amended, on 7 May 2015, by section 81(1) of the Immigration Amendment Act 2015 (2015 No 48).   Section 332(a)(i): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).     Section 332(a)(ii): amended, on 7 May 2015, by section 81(2) of the Immigration Amendment Act 2015 (2015 No 48).