this section; and (ii) reporting any failure by the person to comply with those requirements; (d) if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal; (e) undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand. The person is subject to arrest and detention if they fail to comply with the conditions of their release or in order to execute a deportation order. The application of these conditions is at the discretion of the immigration officer. Immigration Amendment Act 2013 182 International law clearly sets out the permissible purposes and conditions of immigration detention. It is a fundamental human right that no one shall be subject to arbitrary or unlawful detention. This means that detention must not only be lawful but must be necessary, reasonable and proportionate. It can only be justified when other less invasive and restrictive measures have been considered and found insufficient to safeguard the lawful objective. Criminalising illegal entry or irregular stay would exceed the legitimate interest of States.92 183 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. 184 However, in 2013 the Immigration Amendment Act93 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. 185 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 Committee encourage the Government to review the Immigration Amendment Act to ensure that: 92 Working Group on Arbitrary Detention, Report to the Seventh Session of the Human Rights Council, A/HRC/7/4, 10 January, 2008, para. 53. 93 http://www.legislation.govt.nz/act/public/2013/0039/latest/whole.html Page 50 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR