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Immigration Act 2009

Core provisions and matters in relation to decision making - Reliance on classified information in decision making

33: Classified information relating to security or criminal conduct may be relied on in decision making

You could also call this:

“Secret information about security or crime can be used for immigration decisions”

The Minister can use secret information to make decisions about immigration if the information is about security or criminal activities. This means the Minister can use this information to make choices about letting people into New Zealand, sending them away, or protecting them.

If the Minister decides to use this secret information, they can do a few things with it. They can use it themselves to make decisions about immigration. They can also give the information to a special officer who deals with refugees and protection. This officer can then use the information to make decisions or apply to a special court called the Tribunal.

The Minister can also send the secret information to the Tribunal or a court if it’s needed for an appeal or review. Finally, they can give the information to the chief executive, who might need it to ask for someone to be held in custody or to respond to a request to release someone.

When the Minister or others use this secret information to make decisions, they have to follow special rules. These rules are explained in other parts of the law. There are also special rules for court cases that use this secret information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440632.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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“Minister can receive confidential immigration information”

Part 2 Core provisions and matters in relation to decision making
Reliance on classified information in decision making

33Classified information relating to security or criminal conduct may be relied on in decision making

  1. Classified information may be relied on in making decisions or determining proceedings under this Act if the Minister determines that the classified information relates to matters of security or criminal conduct.

  2. If subsection (1) applies, the Minister may—

  3. rely on the information to make a decision under Part 3, 4, or 6; or
    1. direct that the information be provided to a refugee and protection officer (who has been authorised by the chief executive to make decisions under Part 5 relying on classified information) so that the officer may rely on it to make—
      1. a decision under Part 5; or
        1. an application to the Tribunal under that Part; or
        2. refer the information to the Tribunal or a court, as the case may be, if the information is first to be relied on—
          1. in an appeal to the Tribunal or the court; or
            1. in an application to the Tribunal; or
              1. in review proceedings; or
              2. refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 325.

                1. Sections 34 to 42 apply, as appropriate, when decisions are made relying on classified information to which subsection (1) applies.

                2. Sections 240 to 244 and 252 to 270 apply to proceedings involving classified information to which subsection (1) applies.