C2.25 Confidentiality to be maintained

See also Immigration Act 2009 ss 151, 354, 355(3)

1. All persons must keep confidential the fact that a person is a claimant, a refugee, or a protected person, as well as the details of their case and status, at all times, both during and after the determination of the claim or other matter.
2. Compliance with C2.25(a) may require confidentiality be maintained as to the very fact or existence of a claim or case, if disclosing its fact or existence would tend to identify the person concerned or be likely to endanger anyone.
3. Despite C2.25(a) and (b) the fact of a claim or particulars relating to a claim may be disclosed:
   1. for the purposes of determining a claim or matter, administering the Immigration Act 2009, or determining any obligations, requirements, or entitlements of the claimant or other person concerned under any other enactment; or
   2. for the purposes of the maintenance of the law, including for the prevention, investigation and detection of offences in New Zealand or elsewhere; or
   3. to the United Nations High Commissioner for Refugees or his or her representative; or
   4. if the particulars of the claim are published in a way that is unlikely to allow identification of the person concerned; or
   5. if, in the circumstances of the particular case, there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure of the information.
4. A refugee and protection officer may disclose information under C2.25(c)(i) when carrying out his or her functions under the Immigration Act 2009.
5. When determining if information may be released in circumstances covered by C2.25(c)(v), the person considering whether to disclose the information may have regard to how the person, agent or body to whom information is disclosed may protect the information including any applicable requirements of the Privacy Act 2020, any orders of the Tribunal or a court and any protection mechanisms the recipient must or may apply.
6. If information relating to a particular claim is able to be released after considering C2.25(c)(v) and (e), the chief executive of the Ministry of Business, Innovation and Employment may publish a decision of the refugee and protection officer relating to the claim, if the chief executive determines in the circumstances of the particular case, it is in the public interest to do so.
7. Nothing in C2.25 prevents the disclosure of the fact that a person is a claimant, a refugee, or a protected person, or disclosure of particulars in relation to a claimant, a refugee, or a protected person, to the extent that the person concerned:
   1. has expressly waived his or her right to confidentiality under section 151 of the Immigration Act 2009; or
   2. by his or her words or actions, impliedly waived his or her right to confidentiality under section 151 of the Immigration Act 2009.
8. Anyone who without reasonable excuse breaches C2.25(a) or (b) or publishes information released in breach of C2.25(a) or (b) or commits an offence under section 354 of the Immigration Act 2009 and, if convicted, is liable to imprisonment for a term not exceeding 3 months, a fine not exceeding $10,000, or both.

Effective 28/01/2021