Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Applications under this Part involving classified information

325: Consideration by High Court of application involving classified information

You could also call this:

“High Court reviews cases with secret information”

This section talks about what happens when a court needs to look at an application that involves secret information. If you’re affected by a decision that uses secret information, here’s what you need to know:

The head of immigration (called the chief executive) must handle the application, not a regular immigration officer. The judge in the District Court isn’t allowed to see the secret information.

If the District Court judge thinks they need to see the secret information to make a decision, they must send the case to a special judge in the High Court. The chief executive can also send the case straight to the High Court if they think the judge will need to see the secret information.

While all this is happening, you might have to stay in detention. This can happen in two ways: without a warrant for up to 96 hours after you were first held, or with an existing warrant until the court makes a decision. But the application for keeping you in detention must be made within the right time limits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441120.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
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Part 9 Detention and monitoring
Applications under this Part involving classified information

325Consideration by High Court of application involving classified information

  1. This section and section 326 apply to an application made under section 316 or 324(1), (2), (3), or (4), if the application is made in respect of a person subject to a decision made, or proposed to be made, relying on classified information.

  2. In such a case—

  3. the application, or the response to an application for review made by the person subject to the decision, must be made by the chief executive and not by an immigration officer; and
    1. the District Court Judge must not be provided with access to any classified information.

      1. If the District Court Judge considering the application considers that it is necessary to access classified information in order to make a decision in relation to an application under section 316 or 324, the Judge must immediately transfer the application to the High Court for consideration by a nominated Judge (as defined in section 252(2)).

      2. If the chief executive considers that it will be necessary for a Judge to access classified information in order to make a decision in relation to an application under section 316 or 324, the chief executive may make the application directly to the High Court for consideration by a nominated Judge.

      3. If this section applies, the person may continue to be detained—

      4. without warrant under section 313, until a determination is made on the application, as long as the application for a warrant of commitment is made not later than 96 hours after the person’s arrest and detention (inclusive of any time during which the person was detained by an immigration officer under section 312); or
        1. under an existing warrant of commitment, until a determination is made on the application, as long as the application is made before the expiry of the existing warrant of commitment.