7 Meaning of classified information and proceedings involving classified information

(1)

In this Act, classified information means information that the chief executive of a relevant agency certifies in writing cannot be disclosed under this Act (except as expressly provided for) because—

(a)

the information is information of a kind specified in subsection (2); and

(b)

disclosure of the information would be disclosure of a kind specified in subsection (3).

(2)

Information falls within subsection (1)(a) if it—

(a)

might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the relevant agency; or

(b)

is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the relevant agency; or

(c)

has been provided to the relevant agency by the government of another country, an agency of a government of another country, or an international organisation, and is information that cannot be disclosed by the relevant agency because the government, agency, or organisation from which the information has been provided will not consent to the disclosure.

(3)

Disclosure of information falls within subsection (1)(b) if the disclosure would be likely—

(a)

to prejudice the security or defence of New Zealand or the international relations of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country, an agency of a government of another country, or an international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(d)

to endanger the safety of any person.

(4)

In this Act, proceedings involving classified information means any proceedings in which classified information—

(a)

was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Tribunal); or

(b)

is first raised or proposed to be raised in the course of an application to the Tribunal or on appeal or in review proceedings; or

(c)

is raised in an application under Part 9.

(5)

A chief executive of a relevant agency must not delegate to any person the ability to certify information as classified information under subsection (1).

(6)

Subsection (5) does not limit clause 9 of Schedule 7 of the Public Service Act 2020.

Section 7(6): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).