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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Passports Act 1992

309: Section 29AB amended (Proceedings involving classified security information)

You could also call this:

"What happens in court when secret security information is withdrawn"

Illustration for Intelligence and Security Act 2017

If a court is dealing with secret security information, you need to know what happens if that information is withdrawn. When this happens, the secret information must be kept confidential and not shared by the court. It must also be returned to the agency it came from.

The court will then make a decision or continue with the case without using the withdrawn secret information. In an appeal or review, the court will make a decision as if the secret information was never available. You can find more about this in the section 29AB(4) of the law.

The court's job is to keep the secret information safe and make decisions fairly, even if some information is withdrawn. This means the court will not use the withdrawn information when making a decision. The case will continue without the secret information that was withdrawn.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921440.

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"Special rules for court cases about national security"

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Part 8Repeals and amendments
Amendments to Passports Act 1992

309Section 29AB amended (Proceedings involving classified security information)

  1. After section 29AB(4), insert:

  2. If at any time a decision is made to withdraw any classified security information,—

  3. the classified security information—
    1. must be kept confidential and must not be disclosed by the court; and
      1. must be returned to the relevant agency; and
      2. the court must continue to make the decision or determine the proceedings—
        1. without regard to that classified security information; and
          1. in the case of an appeal or a review of proceedings, as if that information had not been available in making the decision subject to the appeal or review.