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Immigration Act 2009

Appeals, reviews, and other proceedings - Special procedure where classified information involved

240: How proceedings involving classified information to be conducted by Tribunal

You could also call this:

“Rules for Tribunal members dealing with classified information in immigration cases”

When the Immigration and Protection Tribunal deals with cases that involve classified information, there are special rules about who can be on the Tribunal. The Tribunal can be made up of just the chair of the Tribunal, or the chair plus one or two other members. If there are other members besides the chair, they must be either members of the Tribunal who are District Court Judges, or District Court Judges who have been chosen specially for this job.

The Chief District Court Judge can choose up to two District Court Judges (not including themselves) to help with these special cases. These chosen judges are called “nominated District Court Judges”. They can be either the Chief District Court Judge themselves, or other District Court Judges that the Chief District Court Judge picks to join the Tribunal for cases with classified information.

This setup helps make sure that classified information is handled carefully and by people with the right experience when the Tribunal is making decisions about immigration cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440967.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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“Appeals may be cancelled if you leave New Zealand”

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241: Presentation of classified information to Tribunal, or

“How classified information is shown to the Tribunal before your appeal hearing”

Part 7 Appeals, reviews, and other proceedings
Special procedure where classified information involved

240How proceedings involving classified information to be conducted by Tribunal

  1. If proceedings before the Tribunal involve classified information, the Tribunal must consist of—

  2. the chair of the Tribunal; or
    1. the chair of the Tribunal and 1 or 2 other members.

      1. If subsection (1)(b) applies, each member must be—

      2. a member of the Tribunal who is a District Court Judge; or
        1. a nominated District Court Judge.

          1. In this section, nominated District Court Judge means—

          2. the Chief District Court Judge; or
            1. a District Court Judge (other than the chair of the Tribunal) nominated by the Chief District Court Judge to be seconded to the Tribunal to exercise its jurisdiction in relation to proceedings involving classified information.

              1. For the purposes of subsection (2)(b), the Chief District Court Judge may nominate a maximum of 2 District Court Judges (other than himself or herself) at any one time.