Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Preliminary provisions

7: Meaning of classified information and proceedings involving classified information

You could also call this:

“Explanation of secret information and its use in immigration cases”

In this law, ‘classified information’ means information that the head of a relevant government agency says can’t be shared. This information could reveal sources, details about operations, or information from other countries or organisations that don’t want it shared.

The law says this information can’t be disclosed if it might harm New Zealand’s security, defence, or international relationships. It also can’t be shared if it could affect law enforcement, endanger someone’s safety, or break the trust of another country or organisation.

‘Proceedings involving classified information’ are legal cases where this secret information was used to make a decision that’s being appealed or reviewed. It could also be cases where someone wants to use this type of information in their appeal or review.

Only the head of the relevant agency can decide what information is classified. They can’t give this job to anyone else, but this doesn’t change what the Public Service Act 2020 says about delegating tasks.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440582.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Privacy
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Part 1 Preliminary provisions

7Meaning of classified information and proceedings involving classified information

  1. In this Act, classified information means information that the chief executive of a relevant agency certifies in writing cannot be disclosed under this Act (except as expressly provided for) because—

  2. the information is information of a kind specified in subsection (2); and
    1. disclosure of the information would be disclosure of a kind specified in subsection (3).

      1. Information falls within subsection (1)(a) if it—

      2. might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the relevant agency; or
        1. is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the relevant agency; or
          1. has been provided to the relevant agency by the government of another country, an agency of a government of another country, or an international organisation, and is information that cannot be disclosed by the relevant agency because the government, agency, or organisation from which the information has been provided will not consent to the disclosure.

            1. Disclosure of information falls within subsection (1)(b) if the disclosure would be likely—

            2. to prejudice the security or defence of New Zealand or the international relations of New Zealand; or
              1. to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country, an agency of a government of another country, or an international organisation; or
                1. to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
                  1. to endanger the safety of any person.

                    1. In this Act, proceedings involving classified information means any proceedings in which classified information—

                    2. was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Tribunal); or
                      1. is first raised or proposed to be raised in the course of an application to the Tribunal or on appeal or in review proceedings; or
                        1. is raised in an application under Part 9.

                          1. A chief executive of a relevant agency must not delegate to any person the ability to certify information as classified information under subsection (1).

                          2. Subsection (5) does not limit clause 9 of Schedule 7 of the Public Service Act 2020.

                          Notes
                          • Section 7(6): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).