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New Zealand law explained for everyone

Immigration Act 2009

Detention and monitoring - Applications under this Part involving classified information

326: Process for High Court to consider application

You could also call this:

“How the High Court reviews and decides on applications”

When someone sends an application to the High Court, the court will follow a specific process to look at it. The court will use the same rules as described in other parts of the law, but they might need to change them a bit to fit this situation.

When the court is deciding about the application, they will use several other parts of the law to help them. These parts talk about things like how to handle special information and what the court can do.

It’s important to know that the judge looking at the case isn’t supposed to decide on certain things that are mentioned in another part of the law.

Also, if there’s any classified information (which means secret information) in the case, the court has to treat it as if it’s true and correct.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441121.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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325: Consideration by High Court of application involving classified information, or

“High Court reviews cases with secret information”

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Part 9 Detention and monitoring
Applications under this Part involving classified information

326Process for High Court to consider application

  1. Where an application is transferred or made directly to the High Court under section 325, sections 252, 257 to 259, and 261 to 270 apply, with the necessary modifications.

  2. In determining the application,—

  3. sections 317, 318, 320, 321, 323, and 324 apply as appropriate, with the necessary modifications; and
    1. it is not the role of the nominated Judge to determine the matters described in section 243(1); and
      1. the classified information must be treated as accurate.