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Immigration Act 2009

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

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

You could also call this:

“Special rules for court cases with classified information”

When you have a case in the High Court that involves classified information, there are special rules. If someone brings up classified information in your case, a special judge will look at it. This judge will decide if the information is important for your case.

If the judge thinks the classified information is important, they will use special rules to handle it. These rules are explained in other parts of the law.

If the judge decides the classified information isn’t important for your case, they will follow a different set of rules. These rules are also explained in another part of the law.

The main thing to remember is that there are special ways to deal with classified information in court cases. The judge will decide how to handle it based on whether it’s important for your case or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440987.

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

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

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254: Appeal to Court of Appeal or Supreme Court involving classified information, or

“Special rules for court appeals involving classified information”

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

253Appeal to High Court or review proceedings involving classified information

  1. This section applies where an appeal or review proceedings in the High Court involve classified information.

  2. Where a party raises classified information in an appeal or review proceedings, the nominated Judge must consider the information and any submissions made in relation to it in order to determine whether it is relevant to the appeal or review proceedings.

  3. Where the court determines that the classified information is relevant to the appeal or review proceedings, sections 252 and 255 to 270 apply.

  4. Where the nominated Judge determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8) applies to the classified information raised.