Classified information decisions

Sets out the process by which classified information relating to security or criminal conduct may be determined and used in immigration decision-making.

Status: needs_review
Updated: 2026-04-25
Sources: A19A19.1A19.1.1A19.1.5A19.1.10A19.1.15A19.1.20A19.1.25A19.1.30

At a glance

Section A19 of the Immigration Operational Manual allows the Minister of Immigration to determine that classified information relates to matters of security or criminal conduct and may be relied on when making immigration decisions [A19]. It provides the framework for obtaining classified briefings from government agencies, for using that information in visa, entry, deportation, and refugee/protection decisions, and for referring it to the Immigration and Protection Tribunal or a court [A19].

A19.1 supplies the definitions of "classified information", "relevant agency", and "proceedings involving classified information" and prescribes the obligations on the chief executive of the relevant agency, the rules for protection and declassification, the requirement to issue a summary of allegations, the duty to give reasons, and the bar on complaints to the Inspector-General of Intelligence and Security [A19.1][A19.1.1][A19.1.5][A19.1.10][A19.1.15][A19.1.20][A19.1.25][A19.1.30].

Definition

Classified information

Classified information means information that the chief executive of a relevant agency certifies in writing cannot be disclosed, unless expressly provided for under the Immigration Act 2009, because [A19.1]:

the information is of a kind specified in A19.1(c); and
disclosure of the information would be disclosure of a kind specified in A19.1(d).

The chief executive of a relevant agency must not delegate the ability to certify information as classified information [A19.1].

Information falls under the first limb if it [A19.1]:

might lead to the identification, or provide details, of the source, nature, content, or scope of the information, or the nature or type of assistance or operational methods available to the relevant agency
is about particular operations that have been undertaken, or are being or are proposed to be undertaken, by the relevant agency
has been provided by a foreign government, an agency of a foreign government, or an international organisation and that provider will not consent to disclosure.

Disclosure falls under the second limb if the disclosure would be likely [A19.1]:

to prejudice the security or defence of New Zealand or its international relations
to prejudice the entrusting of information to New Zealand on a basis of confidence by another country, an agency of another country, or an international organisation
to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial
to endanger the safety of any person.

Relevant agency

A relevant agency is any of the following agencies that hold, were the source of, or were provided with the classified information [A19.1.1]:

Aviation Security Service
Civil Aviation Authority of New Zealand
Department of Corrections
Department of Internal Affairs
Ministry of Business, Innovation and Employment
Government Communications Security Bureau
Maritime New Zealand
Ministry for Primary Industries
Ministry of Foreign Affairs and Trade
New Zealand Customs Service
New Zealand Defence Force
New Zealand Police
New Zealand Security Intelligence Service

Proceedings involving classified information

Proceedings involving classified information means any proceedings in which classified information [A19.1.5]:

was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Immigration and Protection Tribunal)
is first raised or proposed to be raised in an application to the Tribunal or an appeal or in review proceedings
is raised in an application under detention or monitoring.

Ministerial determination and use of classified information

A19 implements sections 33, 34, 36, and 37 of the Immigration Act 2009 [A19]. Its central rule is that classified information may be relied on in making decisions or determining proceedings only if the Minister of Immigration first determines that the classified information relates to matters of security or criminal conduct [A19].

Where classified information may be relevant to a decision under the Immigration Act 2009, the Minister of Immigration may:

request an oral or written briefing from the chief executive of the relevant agency, with the content of that briefing determined by the chief executive [A19]
seek the assistance of security-cleared assistants as the Minister thinks fit [A19]

No person may be called to give evidence in any court or tribunal about the content of the briefing or anything they learn as a result of the briefing, except as provided for in the Immigration Act 2009 for the tribunal or court [A19].

The Minister of Immigration may:

rely on the classified information to make a visa decision, an entry decision, or a deportation decision [A19]
direct that a refugee and protection officer may rely on the information to make a refugee and protection status determination [A19]
refer the classified information to the Immigration and Protection Tribunal or a court if the information is first to be relied on in an appeal, an application to the Tribunal, or in review proceedings [A19]
refer the information to the Chief Executive of the Ministry of Business, Innovation and Employment to make an application for a warrant of commitment, or an application or response in review or release proceedings under section 325 [A19]

Protection of classified information

Classified information relied on for making any decision or determining any proceedings under the Immigration Act 2009 must be kept confidential and must not be disclosed, except as provided for under the Act to the Tribunal, a court, a Special Advocate, counsel assisting the court, or a special adviser [A19.1.10].

This duty does not limit or affect the application of the Ombudsmen Act 1975, the Official Information Act 1982, or the Privacy Act 2020, but otherwise applies despite any other enactment or rule of law to the contrary [A19.1.10].

Neither the Tribunal nor any court may require or compel the chief executive of the relevant agency, the Minister of Immigration, or any other person to disclose classified information in any proceedings under the Immigration Act 2009 (without derogating from Tribunal and Court access to classified information) [A19.1.10].

Duties of the chief executive of the relevant agency

The chief executive of a relevant agency who provides classified information must ensure that [A19]:

the information is provided in a manner that does not give a misleading view by omitting other relevant classified or non-classified information
any classified or non-classified information that is favourable to the person subject to the decision or proceedings is also provided
any further relevant classified information that becomes available is provided until the decision is made or proceedings determined.

Summary of allegations

Before a relevant decision is made that relies on any classified information that may be prejudicial to the person concerned, a summary of allegations arising from the classified information must be agreed on by the chief executive of the relevant agency and either the Minister of Immigration or the refugee and protection officer, as applicable [A19.1.15]. The summary must be forwarded to the affected person for comment, with a deadline for providing comments [A19.1.15].

The summary of allegations must be updated and agreed, and the person provided with an updated summary, if [A19.1.15]:

any classified information that was proposed to be relied on is withdrawn (unless all classified information is withdrawn)
the chief executive adds to or updates the classified information that will be relied on.

The summary is not required to list documents or source material containing classified information, detail their contents, or specify their source [A19.1.15].

The obligation to provide a summary of allegations applies only when classified information is to be relied on, or may be relied on, in making a decision about [A19.1.15]:

an application for a residence class visa, or an onshore application for a temporary visa or limited visa
a person's liability for deportation
any matter to which refugee and protection status determinations apply, if the decision is to be made by a refugee and protection officer.

A summary of allegations is not required to be provided [A19.1.15]:

if the decision is within the absolute discretion of the decision maker
in relation to expressions of interest or invitations to apply for a visa
to applicants for transit visas
to applicants for temporary entry class visas who are outside New Zealand
for visa applications made in an immigration control area or a place designated by the chief executive where entry permission may be granted
in relation to applications for entry permission.

Reasons for decision

Following a prejudicial decision of a kind referred to in the summary of allegations provisions, the person must be informed in writing of [A19.1.20]:

the fact that classified information was relied on
the reasons for the decision (except to the extent that providing reasons would involve a disclosure of classified information that would be likely to prejudice the interests in A19.1(d)) and contain the information required under section 23 of the Official Information Act 1982 as if the reasons were given in response to a request
any appeal rights, including the right to be represented by a special advocate.

Where appeal rights exist, the Minister or refugee and protection officer must notify the designated agency that a decision relying on classified information has been made [A19.1.20]. The decision maker must also prepare a record of reasons, including any reasons arising from the classified information, which may not be accessed or disclosed except as required by the Tribunal or courts, or to the chief executive of the relevant agency [A19.1.20].

The reasons are not required to be provided in the same exempt categories as the summary of allegations (absolute discretion, expressions of interest, transit visas, offshore temporary entry class visa applicants, immigration control area applications, and entry permission applications) [A19.1.20].

Declassification

Information may be declassified when the chief executive of the relevant agency certifies in writing that, from a specified date, the information is no longer classified information within the A19.1 definition [A19.1.25]. From that date, the information is no longer subject to the confidentiality, processes, or other requirements of the Immigration Act 2009 that apply to classified information [A19.1.25].

No complaint to Inspector-General of Intelligence and Security

No complaint may be made to the Inspector-General of Intelligence and Security about any act, omission, practice, policy, or procedure connected with a decision under the Immigration Act 2009 involving classified information (including a determination in proceedings involving classified information) [A19.1.30].

Effect of withdrawal of classified information

If the chief executive updates, withdraws, or adds to the classified information provided, the Minister must make a further determination under A19(a) as to whether the updated, added, or remaining information may be relied on [A19]. If any classified information is withdrawn, the information must be kept confidential and not disclosed by the decision maker, the Tribunal, or the court, and the decision or proceedings must continue without regard to that information (subject to certain matters to be considered by the Tribunal), and in the case of an appeal or review, as if that information had not been available when the original decision was made [A19].

The chief executive of the relevant agency may at any time direct any person to return classified information to that agency [A19].

Application in decisions

Immigration officers, refugee and protection officers, the Immigration and Protection Tribunal, and courts all operate within the framework set by A19 once the Minister has made a determination [A19]. The information itself remains protected from disclosure to the affected person; the hearing rule does not require disclosure of the classified material itself, reflecting the security and criminal conduct context [A19]. The responsibilities placed on the chief executive — to present information in a non-misleading way and to supply favourable material — are designed to mitigate the risk of unfairness that arises when an individual cannot see or challenge the evidence against them [A19].

Where information is withdrawn after being relied on, the decision-maker must continue the decision or proceedings without that information and, in the case of appeal or review, must treat the decision under review as if the withdrawn information had never been available [A19]. This can require re-evaluating whether the remaining material still supports the original outcome.

Interpretation & edge cases

Interaction with fairness and natural justice: A19 operates alongside the fairness obligations in A1. The inability to disclose classified information to an applicant creates a tension with natural justice; A19 addresses this by placing protective duties on the supplying agency and by requiring a Ministerial determination as a gatekeeping step [A19]. The summary of allegations mechanism and the duty to give reasons provide a further layer of fairness by enabling the affected person to at least understand the general nature of the allegations and the decision rationale [A19.1.15][A19.1.20].
Specified agencies for certification: Only the chief executives of the agencies listed in A19.1.1 may certify information as classified; delegation is explicitly prohibited [A19.1][A19.1.1]. This limits the number of people who can trigger the use of classified information and ensures that the certification decision is made at the highest level of the specified agencies.
Proceedings involving classified information: The definition in A19.1.5 means that once classified information is part of the decision or raised in proceedings, the entire set of protective measures applies, including the bar on disclosure and the special advocate scheme [A19.1.5].
Summary of allegations: The summary is designed to balance national security concerns with fairness: the affected person is told the substance of the allegations but not the underlying sources or methods [A19.1.15]. Legal advisers must understand that the summary may be generic and that the inability to access the underlying material constrains the preparation of a response.
Reasons: The duty to give reasons is subject to a national security override — reasons may be withheld or redacted to the extent that disclosure would prejudice the interests listed in A19.1(d) [A19.1.20]. This means that in practice an affected person may receive only the fact that classified information was used and very general reasoning.
Withdrawal of information: The mandatory disregard of withdrawn classified information while keeping it confidential can create unusual evidentiary positions in multi‑strand decisions where the classified information may have been a material factor in earlier stages [A19]. The decision-maker must make a new assessment on the remaining record.
Declassification: Once declassified, information loses all special protections under the Immigration Act 2009, which may mean it becomes disclosable under the Official Information Act 1982 or in ordinary court proceedings [A19.1.25].
No complaint avenue: The bar on complaints to the Inspector-General of Intelligence and Security is absolute for decisions involving classified information under the Immigration Act 2009, including procedural steps and determinations in proceedings [A19.1.30].
Return of information: The power of the agency chief executive to demand return of classified information at any time operates as a continuing control that can alter the record available at later stages of proceedings [A19][A19.1.10].