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Immigration Act 2009

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

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

You could also call this:

“Special rules for court appeals involving classified information”

When a decision that uses classified information is appealed to the Court of Appeal or Supreme Court, special rules apply. If someone brings up classified information in their appeal, the court has to look at it and decide if it’s important for the case. If the court thinks the information matters, they’ll follow a set of rules to handle it. If the court decides the classified information isn’t important for the case, they’ll still use some special rules to deal with it. These rules are there to make sure classified information is handled carefully, even when it’s part of a court case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440988.

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“Special rules for court cases with classified information”

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

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

  1. This section applies where classified information is relied on in a decision (whether on appeal, review, or otherwise) that is subject to appeal to—

  2. the Court of Appeal, whether under section 246 or otherwise; or
    1. the Supreme Court.

      1. Where a party raises classified information in an appeal or review proceedings, the court 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.

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

      3. Where the court determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8) apply to the classified information raised.