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Immigration Act 2009

Appeals, reviews, and other proceedings - Special advocates

264: Recognition of special advocates

You could also call this:

“How the government recognises lawyers who can handle secret information in legal cases”

A special advocate is a lawyer who can help people in certain legal situations involving secret information. The Prime Minister chooses an agency to decide who can be a special advocate.

To become a special advocate, a lawyer needs to pass a security check from the Ministry of Justice. They also need to show they have the right knowledge and experience. The agency will then recognise them as a special advocate for five years. After that, they can apply to be recognised again for another five years.

The agency can take away a special advocate’s recognition if they lose their security clearance, get suspended from being a lawyer, or are no longer allowed to be a lawyer at all.

The agency keeps a list of all the special advocates. They also have a separate list of special advocates who can help people in special cases under Part 9 of the law. This is for times when someone hasn’t chosen their own special advocate yet, but there’s secret information involved in their 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=DLM1441001.

Topics:
Crime and justice > Courts and legal help
Government and voting > Government departments
Rights and equality > Privacy
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263: Role of special advocates, or

“Special advocates represent you in cases involving classified information”

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265: Appointment of special advocate in individual case, or

“Choosing a lawyer to help when secret information is used in immigration decisions”

Part 7 Appeals, reviews, and other proceedings
Special advocates

264Recognition of special advocates

  1. A special advocate is a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006) who has been recognised as a special advocate by an agency designated for the purpose by the Prime Minister.

  2. The designated agency may recognise a lawyer as a special advocate if—

  3. the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice; and
    1. the designated agency is satisfied that the lawyer has appropriate knowledge and experience to be recognised as a special advocate.

      1. Recognition under this section continues for 5 years, but the designated agency may recognise a lawyer as a special advocate for further 5-year periods.

      2. The designated agency may withdraw a special advocate's recognition if the special advocate—

      3. ceases to hold an appropriate security clearance; or
        1. is suspended from practice as a barrister, a solicitor, or both, under the Lawyers and Conveyancers Act 2006; or
          1. is struck off the roll of barristers and solicitors of the High Court.

            1. The designated agency must, in addition to recording the persons recognised by it as special advocates, maintain a list of special advocates who may represent persons in proceedings under Part 9, to cover the situation where—

            2. a person has not yet appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and
              1. classified information may be relied on in determining an application made under that Part.