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Immigration Act 2009

Appeals, reviews, and other proceedings - Special advocates

270: Tribunal or court may appoint special adviser

You could also call this:

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

You might need help understanding some important information in a legal case. The Tribunal or court can choose a special helper called a ‘special adviser’. This person knows a lot about things like culture, medicine, intelligence, military, or other special topics. They’re there to give advice when the case involves secret information.

The special adviser needs to have a special security clearance. This clearance is given by the person in charge of the Ministry of Justice.

The Tribunal or court can decide how much of the secret information to share with the special adviser. They’ll only share what they think is necessary.

It’s very important that the special adviser keeps the secret information safe. They’re not allowed to tell anyone about it unless the law says they can.

The Tribunal or court can choose a special adviser even if you already have a special advocate or if the court has its own helper.

If the special adviser doesn’t do their job well, becomes bankrupt, or does something wrong, the Tribunal or court can remove them from their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2391000.

Topics:
Crime and justice > Courts and legal help
Immigration and citizenship > Border control
Rights and equality > Privacy
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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”

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271: Payment to counsel assisting the court or special adviser, or

“Payment for special helpers in immigration cases”

Part 7 Appeals, reviews, and other proceedings
Special advocates

270Tribunal or court may appoint special adviser

  1. The Tribunal or a court may appoint a cultural, medical, intelligence, military, or other special adviser for the purposes of giving advice in any proceedings before it involving classified information.

  2. The special adviser must hold an appropriate security clearance given by the chief executive of the Ministry of Justice.

  3. The Tribunal or the court may provide the special adviser with access to the classified information concerned as it thinks fit.

  4. A special adviser must keep confidential and must not disclose classified information, except as expressly provided under this Act.

  5. Subsection (1) applies regardless of whether—

  6. the person concerned has appointed a special advocate or a special advocate has been made available for the person; and
    1. the Tribunal or the court has appointed counsel assisting the court for the purposes of the proceedings.

      1. A special adviser may be removed from office by the Tribunal or a court for inability to perform the role of special adviser, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.