New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review Alternatives to Detention 118. Historically, New Zealand has been viewed as both a regional and global leader with regard to Alternative to Detention (“ATD”) development and implementation. Section 315 of New Zealand’s Immigration Act 2009 introduced a tiered detention and monitoring system that includes a greater ability to use reporting and residence requirements instead of secure detention. Section 315 reads: [A]n immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things: (a) reside at a specified place; (b) report to a specified place at specific periods or times in a specified manner; (c) provide a guarantor who is responsible for: (i) ensuring the person complies with any requirements agreed under 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 119. 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 47