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Immigration Act 2009

Appeals, reviews, and other proceedings - Special advocates

269: Tribunal or court may appoint counsel assisting the court

You could also call this:

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

The Tribunal or court can choose someone to help them in cases that involve classified information. This person is called counsel assisting the court. They might be a special advocate, but if they’re not, they need to have special permission from the person in charge of the Ministry of Justice. The Tribunal or court can do this even if you already have a special advocate.

The Tribunal or court can decide how much of the classified information to share with the counsel assisting the court. This person must keep the classified information secret and can only share it when the law says it’s okay.

If the counsel assisting the court can’t do their job properly, doesn’t do what they’re supposed to, goes bankrupt, or behaves badly, the Tribunal or court can remove them from their position.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441008.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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268: Protection of special advocates from liability, or

“Special advocates are protected from legal consequences when following Immigration Act rules”

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270: Tribunal or court may appoint special adviser, or

“Special helper can be chosen to advise on secret information in legal cases”

Part 7 Appeals, reviews, and other proceedings
Special advocates

269Tribunal or court may appoint counsel assisting the court

  1. The Tribunal or a court may appoint counsel assisting the court for the purposes of any proceedings before it involving classified information.

  2. Counsel assisting the court may be a special advocate but, if not, must be a person who holds an appropriate security clearance given by the chief executive of the Ministry of Justice.

  3. Subsection (1) applies regardless of whether the person concerned has appointed a special advocate or a special advocate has been made available for the person.

  4. The Tribunal or the court may provide counsel assisting the court with access to the classified information concerned as it thinks fit.

  5. Counsel assisting the court must keep confidential and must not disclose classified information, except as expressly provided under this Act.

  6. Counsel assisting the court may be removed from office by the Tribunal or a court for inability to perform the role of counsel assisting the court, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.