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Overseas Investment Act 2005

National security and public order risks management regime - Protection of classified security information

113: Proceedings involving classified security information

You could also call this:

"What happens in court cases involving secret security information about overseas investments"

Illustration for Overseas Investment Act 2005

If you are involved in a court case about overseas investments, this section applies to you. You might be in a court relating to the administration or enforcement of the Overseas Investment Act 2005. The Crown has to follow certain steps if they want to present secret security information in the case.

The Attorney-General must make an application to a special court under section 32 of the Security Information in Proceedings Act 2022. They must also submit a certification as described in section 114(1)(b) to protect the confidentiality of the information.

If the secret security information is also about national security, the Crown can submit a special certificate under section 41 of the Security Information in Proceedings Act 2022. They can ask the court for a security information order as set out in section 36(3) of that Act.

In this case, the Security Information in Proceedings Act 2022 is referred to as the 2022 Act, and some terms have special meanings as defined in section 4 of the 2022 Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS359058.

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Part 3National security and public order risks management regime
Protection of classified security information

113Proceedings involving classified security information

  1. This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.

  2. If the Crown proposes to present classified security information in proceedings, the Attorney-General must—

  3. make an application to an authorised court under section 32 of the 2022 Act for a security information order to protect the confidentiality of the information to be given as evidence in the proceedings; and
    1. submit to the court the certification described in section 114(1)(b).

      1. If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) an NSI certificate under section 41 of the 2022 Act and seek a security information order as set out in section 36(3) of that Act (under which the types of orders available to the court are limited).

      2. In this section,—

        2022 Act means the Security Information in Proceedings Act 2022

          authorised court, national security information, NSI certificate, and security information order have the meanings set out in section 4 of the 2022 Act.

          Notes
          • Section 113: replaced, on , by section 35 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).