Immigration Act 2009

Appeals, reviews, and other proceedings - General provisions relating to proceedings involving classified information

252: Proceedings involving classified information may be heard only by nominated Judge

You could also call this:

“Only special judges can handle court cases with secret information”

If a court case involves classified information, it can only be heard by special judges called nominated judges. You need to know that a nominated judge can be either the Chief High Court Judge or up to two other High Court Judges that the Chief High Court Judge picks. These special judges are chosen to handle cases with classified information. The Chief High Court Judge can pick a maximum of two other judges at any one time to be nominated judges. This rule is part of section 253 of the law as well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440985.

Topics:
Crime and justice > Courts and legal help
Immigration and citizenship > Border control
Government and voting > Government departments

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251: Relationship with Senior Courts Act 2016, or

“How the Immigration Act affects the Senior Courts Act”


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253: Appeal to High Court or review proceedings involving classified information, or

“Special rules for court cases with classified information”

Part 7 Appeals, reviews, and other proceedings
General provisions relating to proceedings involving classified information

252Proceedings involving classified information may be heard only by nominated Judge

  1. Where proceedings involving classified information are to be heard by the High Court, the proceedings must be heard by 1 or more nominated Judges.

  2. In this section and section 253, nominated Judge means—

  3. the Chief High Court Judge:
    1. a High Court Judge nominated by the Chief High Court Judge to hear and determine proceedings involving classified information.
      1. For the purposes of subsection (2)(b), the Chief High Court Judge may nominate a maximum of 2 High Court Judges (other than himself or herself) at any one time.