Immigration Act 1987

82 Powers of Judge to protect security

• (1) Without limiting the generality of subsection (6) of section 81 of this Act, in respect of any appeal under that section, a Judge of the High Court may, if the Judge is satisfied that it is in the interests of security to do so, make any 1 or more of the following orders:

  • (a) an order forbidding publication of any report or account of the whole or any part of—

    • (i) the evidence adduced; or

    • (ii) the submissions made:

  • (b) an order forbidding the publication of the name of any witness or witnesses, or any name or particulars likely to lead to the identification of any witness or witnesses:

  • (c) an order excluding all or any persons other than the appellant, the respondent, any barrister or solicitor engaged in the proceedings, and any officer of the Court from the whole or any part of the proceedings.

  (2) For the purposes of subsection (1) of this section, security means the protection of New Zealand, or any person, property, or thing within New Zealand, from acts of terrorism.

  (3) Any order made under paragraph (a) or paragraph (b) of subsection (1) of this section—

  • (a) may be made for a limited period or permanently; and

  • (b) if it is made for a limited period, may be renewed for a further period or periods by the Court; and

  • (c) if it is made permanently, may be reviewed by the Court at any time.

  (4) The breach of any order made under subsection (1) of this section, or any evasion or attempted evasion of it, may be dealt with as contempt of Court.

  (5) Nothing in this section shall limit—

  • (a) any other power of the Court to hear proceedings in private or to exclude any person from the Court or to punish any contempt of Court; or

  • (b) the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings.