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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 legal consequences when following Immigration Act rules”

A special advocate is someone who helps with certain legal matters. If you’re a special advocate and you’re following the rules of the Immigration Act, you won’t get in trouble for misconduct or unsatisfactory conduct as defined in the Lawyers and Conveyancers Act 2006.

The rules in the Immigration Act are more important than the rules for lawyers in the Lawyers and Conveyancers Act 2006. This means that if you’re a special advocate, you should follow the Immigration Act rules even if they’re different from the usual lawyer rules.

If you’re a special advocate and you make a mistake while trying to do your job properly, you won’t be personally responsible for it. This means that if something goes wrong, but you were trying your best to follow the rules, you won’t get into trouble.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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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”

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

“Court may choose a helper for cases with secret information”

Part 7 Appeals, reviews, and other proceedings
Special advocates

268Protection of special advocates from liability

  1. To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of—

  2. misconduct within the meaning of section 9 of the Lawyers and Conveyancers Act 2006; or
    1. unsatisfactory conduct within the meaning of section 12 of that Act.

      1. 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.

      2. 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.