Criminal Procedure Act 2011

Procedure before trial - Provisions applying only to jury trial procedure - Pre-trial orders as to admissibility of evidence: jury trial procedure

101A: National security information: pre-trial hearing and order

You could also call this:

"Special rules for keeping national security information secret in court cases"

Illustration for Criminal Procedure Act 2011

If you are in a court case and national security information is involved, there are special rules that apply. The court can decide to hold a special hearing to figure out what information can be shared. This hearing follows special procedures outlined in the Security Information in Proceedings Act 2022.

When the court is deciding what evidence to allow, it must consider two things: if the rules in section 101 are being followed, and if the national security information will be protected. The court can make an order that says evidence based on national security information can only be used if these conditions are met.

The court also has the power to make other orders to keep national security information secret, such as clearing the court or suppressing evidence and submissions, as outlined in sections like 197 and 205. This means the court can take extra steps to protect sensitive information.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS925642.

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101: Pre-trial order relating to admissibility of evidence: jury trial, or

"Asking the court to decide if you can use certain evidence before a jury trial starts"

102: Judge may order Judge-alone trial in cases likely to be long and complex, or

"The court can choose a judge-only trial for very long and complex cases."

Part 3Procedure before trial
Provisions applying only to jury trial procedure: Pre-trial orders as to admissibility of evidence: jury trial procedure

101ANational security information: pre-trial hearing and order

This section applies in relation to a hearing of an application for a pre-trial order if the application is an application referred to in section 101(2A)(b).
The hearing is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2 of that Act apply.
The High Court may make an order under section 101(5) that evidence that is based on national security information is admissible only if satisfied that—
the requirements of section 101 are met; and
the national security interests that would be likely to be prejudiced by fully disclosing the national security information will be adequately protected.

Nothing in this section affects the discretion of the court to make any additional orders it thinks fit to protect the confidentiality of national security information (for example, an order under section 197 (power to clear court) or 205 (court may suppress evidence and submissions)).

Notes

Section 101A: inserted, on 28 November 2023, by section 22 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).