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Immigration Act 2009

Appeals, reviews, and other proceedings - Procedure for appeals and matters

230: Tribunal must disclose prejudicial information

You could also call this:

“The Tribunal must inform you about information that could harm your case”

If you’re involved in an appeal or matter with the Tribunal, they must tell you about any information they have that might be bad for your case. This information could come from someone else, not you. The Tribunal will give you a chance to respond to this information before they make a decision.

The Tribunal will give you enough time to think about the information and say what you want about it. This is to make sure you have a fair chance to explain your side.

There are two times when the Tribunal doesn’t have to tell you about this kind of information. First, if telling you might put someone in danger. Second, if the information is secret and the Tribunal isn’t allowed to share it because of section 259.

Even if the Tribunal can’t tell you what the information is, they still have to let you know that there’s some information they’re not sharing with you. They’ll tell you why they can’t share it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440949.

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Part 7 Appeals, reviews, and other proceedings
Procedure for appeals and matters

230Tribunal must disclose prejudicial information

  1. Except as provided in subsection (3), the Tribunal must disclose to the appellant or affected person, and give the appellant or affected person an opportunity to rebut or comment on, information or material that—

  2. is provided to the Tribunal by a source other than the appellant or affected person; and
    1. is or may be prejudicial to the appellant or affected person; and
      1. the Tribunal intends to take into account in determining the appeal or matter.

        1. The Tribunal must set a reasonable time within which the appellant or affected person may rebut or comment on the information or material.

        2. Subsection (1) does not require the Tribunal to disclose any information or material if—

        3. the disclosure would be likely to endanger the safety of any person; or
          1. it is classified information that the Tribunal must keep confidential and must not disclose under section 259.

            1. The Tribunal must, however, notify the appellant or affected person of the fact of any non-disclosure on the grounds specified in subsection (3).

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