Immigration Act 2009

Appeals, reviews, and other proceedings - Special advocates

268: Protection of special advocates from liability

You could also call this:

"Special advocates are protected from blame when following the Immigration Act 2009 rules."

You are protected if you are a special advocate and do things as the Immigration Act 2009 says. You are not guilty of misconduct as defined in section 7 of the Lawyers and Conveyancers Act 2006, or of unsatisfactory conduct as defined in section 12 of that Act. The Immigration Act 2009 rules apply even if they differ from the Lawyers and Conveyancers Act 2006 practice rules. You are not personally liable for things you do or do not do in good faith as a special advocate under the Immigration Act 2009. The Act's rules apply even if they are different from the Lawyers and Conveyancers Act 2006 rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441007.

This page was last updated on 24 December 2025 — View changes

Topics:

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267: Communication between special advocate and person to whom classified information relates, or

"Rules for communication between you and your special advocate about classified information"

269: Tribunal or court may appoint counsel assisting the court, or

"Court may choose a helper for cases with secret information"

Part 7Appeals, reviews, and other proceedings
Special advocates

268Protection of special advocates from liability

To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of—
misconduct within the meaning of section 7 of the Lawyers and Conveyancers Act 2006; or
unsatisfactory conduct within the meaning of section 12 of that Act.

To avoid doubt, the provisions of this Act apply despite the requirements of any practice rules made and approved under the Lawyers and Conveyancers Act 2006.
No person is personally liable for any act done or omitted to be done in good faith, in his or her capacity as a special advocate, in accordance with the requirements or provisions of this Act or of any regulations made under this Act.

Notes

Section 268(1)(a): amended, on 28 November 2025, by section 29 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).