New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review safeguard the lawful objective. Criminalising illegal entry or irregular stay would exceed the legitimate interest of States.58 120. In relation to asylum seekers the UN guidelines on detention of asylum seekers state that detention of asylum seekers is only a legitimate purpose where it relates to verification of identity or the protection of national security or public order. Even then it must only be used as a matter of last resort and on exceptional grounds - after all possible alternatives to detention have been exhausted and for the shortest time possible. 121. However, in 2013 the Immigration Amendment Act59 was passed. The Act introduces new provisions which enable detention of asylum-seekers who arrive in New Zealand by boat as part of a ‘mass group’ containing 30 or more persons. An Immigration officer can now apply to the District Court for a group warrant of commitment authorising the detention for a period of not more than 6 months. The Act also removes the right of an individual to apply to the District Court to vary a warrant of commitment or to be released on conditions. 122. While it is highly unlikely that the detention provisions of this Act will ever be used, the Commission remains concerned that in the absence of accessible and robust review mechanisms its application may result in arbitrary and unlawful detention. The Commission recommends that the Government review the Immigration Amendment Act to ensure that:  where detention is deemed to be a necessity, a maximum 30 day time limit should be adhered to, so that all asylum seekers are moved into the community once health, character and identity checks are complete; and  adequate review mechanisms are available to those detained as part of a ‘mass group’ which consider individual circumstances to avoid delay, discrimination and unnecessary detention. 58 Working Group on Arbitrary Detention, Report to the Seventh Session of the Human Rights Council, A/HRC/7/4, 10 January, 2008, para. 53. 59 http://www.legislation.govt.nz/act/public/2013/0039/latest/whole.html 48