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 considers your application"

Illustration for Immigration Act 2009

When you make an application to the High Court under certain sections, like section 325, the Court follows a special process. The Court uses other sections, such as sections 317, 317AA, and 318, to help make a decision. You need to know that the Court treats classified information as accurate. When the Court is considering your application, it does not decide on certain matters described in section 243(1). The Court follows the rules set out in the sections, with some modifications. This means the Court adjusts the rules to fit your situation. The Court's decision is based on the information provided, and it must consider all relevant sections, including 321, 323, and 324. You should be aware that the Court's process is guided by these sections. The Court's role is to make a decision based on the information and the rules that apply.

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

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Part 9Detention 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, 317AA, 318, 324F, 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.
        Notes
        • Section 326(2)(a): amended, on , by section 54(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
        • Section 326(2)(a): amended, on , by section 54(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).