Plain language law

New Zealand law explained for everyone

Immigration Act 2009

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

35: Protection of classified information

You could also call this:

“Keeping special secret information private in immigration decisions”

When someone makes a decision or handles a case using special secret information under this law, they must keep that information private. They can’t share it with others, except in a few specific situations mentioned in other parts of the law.

This rule about keeping information secret doesn’t change how other laws work. These other laws are about getting information from the government or protecting your personal information. But apart from those laws, this secrecy rule is stronger than any other laws or rules that might say otherwise.

If you’re in a legal case about immigration, no one can make the people in charge share their secret information. This includes the person running the relevant government agency, the Minister, or anyone else. The immigration court and other courts aren’t allowed to force them to share this information. However, there are a couple of exceptions to this rule mentioned in other parts of the law.

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 It might be out of date or be missing some parts.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=DLM1440634.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Privacy
Previous

34: Minister may receive briefing, or

“Minister can receive confidential immigration information”

Next

36: Classified information must be balanced, or

“Decision-makers must consider all relevant information, including classified data, for fair immigration decisions”

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

35Protection of classified information

  1. Classified information relied on for the purpose of making any decision or determining any proceedings under this Act must be kept confidential and must not be disclosed, except as provided in sections 241(1), 259(1), 267(4), 269(4), and 270(3).

  2. Subsection (1)—

  3. does not limit or affect the application of the Ombudsmen Act 1975, the Official Information Act 1982, or the Privacy Act 2020; but
    1. otherwise applies despite any other enactment or rule of law to the contrary.

      1. Neither the Tribunal nor any court may require or compel the chief executive of the relevant agency, the Minister, or any other person to disclose any classified information in any proceedings under this Act (but without derogating from sections 241(1) and 259(1)).

      Notes
      • Section 35(2)(a): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).