Warrant of commitment — deportation notice — arbitrary detention — COVID-19 — international travel restrictions — Immigration Act 2009, ss 317, 320, 323 & 341. Immigration New Zealand (INZ) sought a further warrant of commitment for the defendant. The defendant had been convicted of sexual offending while in New Zealand illegally. He had been issued a deportation notice but due to the international travel restrictions as a result of the COVID-19 pandemic, deportation to his home country had not been possible. His country of origin, Tuvalu, had not accepted his return via a New Zealand Defence Force flight. Successive defended warrant of commitment applications had been heard and granted. Counsel for the defendant argued that the continued detention was unlawful and unreasonable. The Judge considered that none of the criteria under s 317 of the Immigration Act applied, but noted the Court was entitled to make a further warrant of commitment anyway if it was in the public interest to do so. Counsel for the defendant submitted that the public interest element involved a balancing exercise between the public interest of INZ and the human rights interests of the defendant. The Judge noted that the circumstances were highly unusual (the COVID-19 pandemic and the resulting international travel restrictions). Release conditions and a safe address had been proposed. The Judge concluded that indefinite detention of individuals was not in the public interest. Release was granted, with the defendant being required to report to the local police station three times per week and the condition that he not associate with anyone under the age of 16. Judgment Date: 16 April 2021.