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39: Reasons, etc, to be given where prejudicial decision made using classified information
or “Explaining decisions made using secret information and your rights”
You could also call this:

“When secret information can be used without giving you details or reasons”

When the Minister is making a decision using secret information, there are some special rules. If the decision isn’t one of the types mentioned in [section 38(1)], the Minister doesn’t have to share any information that might be harmful with you or explain why they made their decision. The usual rules about giving reasons for decisions don’t apply in this case.

There are also some situations where the government doesn’t have to share secret information, summarise it, or give reasons for decisions. This includes when:

  • The decision is completely up to the person making it
  • You’re showing interest in or applying for a visa
  • You’re applying for a transit visa
  • You’re outside New Zealand and applying for a temporary visa
  • You’re applying for a visa at the border or at a special place chosen by the immigration boss
  • You’re asking for permission to enter New Zealand

In these cases, you might not get all the information about why a decision was made, especially if it involves secret information.

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Next up: 41: Declassification of classified information

or “How the government can make secret immigration information public”
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Part 2 Core provisions and matters in relation to decision making
Reliance on classified information in decision making

40Where classified information may be relied on without requirement for summary or reasons

  1. Subsection (2) applies to the Minister if—

  2. he or she is making a decision under this Act relying on classified information; and
    1. the decision is not a decision of a kind referred to in section 38(1).

      1. The Minister is not required to—

      2. provide potentially prejudicial information based on classified information to the person concerned for comment; or
        1. give reasons for the decision, and section 23 of the Official Information Act 1982 and section 27 of this Act do not apply in respect of the decision.

          1. Nothing in section 38 or 39 requires the making available of any classified information or a summary of the allegations arising from classified information, or the giving of reasons for decisions,—

          2. if the decision concerned is in the absolute discretion of the decision maker; or
            1. in relation to expressions of interest or invitations to apply for a visa; or
              1. to applicants for transit visas; or
                1. to applicants for temporary entry class visas who are outside New Zealand; or
                  1. in relation to applications for visas made in an immigration control area or in a place designated by the chief executive under section 383; or
                    1. in relation to applications for entry permission.