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Who is this for?

This factsheet is for people with an interest in the use of classified information.

What is changing?

Under the Immigration Act 2009 classified information can be used in decision making - if the Minister of Immigration determines it relates to security or criminal conduct.

What is classified information?

Classified information is information that:

• has been provided by the Government of another country or an international organisation, and that Government or organisation will not consent to its disclosure, or
• may lead to the identification of, or provide details of:
  • the source of information, or 
  • the nature of the information, or 
  • the methods of particular agencies, or 
  • a particular agency’s operations,
• and if disclosed would be likely to: 
  • prejudice New Zealand’s security, defence or international relations, or 
  • prejudice the entrusting of information to New Zealand, or 
  • prejudice the maintenance of the law, or 
  • endanger the safety of any person.

Classified information can only be used in immigration decision making if the Minister of Immigration determines that it relates to security or criminal conduct.

Classified information may not be used in residence, onshore temporary entry, deportation and refugee and protection decision making, unless a summary of allegations can be provided to the individual concerned. This ensures that the individual is aware of the allegations against him or her and has the opportunity to respond to them.

Information can only be certified as classified information by the Chief Executive of one of the following government agencies.

• Aviation Security
• Civil Aviation Authority
• Department of Corrections
• Department of Internal Affairs
• Department of Labour 
• Government Communications and Security Bureau
• Maritime New Zealand
• Ministry of Agriculture and Forestry
• Ministry of Fisheries
• Ministry of Foreign Affairs and Trade
• New Zealand Customs Service
• New Zealand Defence Force
• New Zealand Police
• New Zealand Security Intelligence Service

Classified information must be kept confidential, but is otherwise subject to the:

• Ombudsmen Act 1975
• Official Information Act 1982
• Privacy Act 1993

Disclaimer: Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.