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IP38 National Security Information in Proceedings
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Contents
General information
Foreword
Call for submissions
Chapter 1 - Setting the scene
Introduction
The review
Structure of this paper
National security information
When might national security information be used in proceedings?
What happens in other countries?
Where to from here?
Chapter 2 - Interests to be taken into account
Introduction
The New Zealand Bill of Rights Act 1990
Protecting national security
A rights-based framework for reform
The right to natural justice in the face of a risk to national security
Chapter 3 - Criminal proceedings
Introduction
Guiding principles
Information sharing between security agencies and the Police
Issues arising from the current law
Judicial balancing
Chapter 4 - Administrative decisions and review
Introduction
Using national security information fairly in administrative decisions
Statutory procedures for appeal and review of administrative decisions
International comparison
Scope for reform in New Zealand
Chapter 5 - Civil proceedings
Introduction
Establishing closed processes and appointing special advocates on a case-by-case basis
International background
Options for reform
Chapter 6 - Reform - where to from here?
Introduction
What information needs to be protected?
Who should decide?
How is national security information to be used?
Creating a workable special advocate model
Appendix A - Questions for consultation
Appendix B - Terms of reference
Next page
IP38 National Security Information in Proceedings
General information
Foreword
Call for submissions
Chapter 1 - Setting the scene
Introduction
The review
Structure of this paper
National security information
When might national security information be used in proceedings?
What happens in other countries?
Where to from here?
Chapter 2 - Interests to be taken into account
Introduction
The New Zealand Bill of Rights Act 1990
Protecting national security
A rights-based framework for reform
The right to natural justice in the face of a risk to national security
Chapter 3 - Criminal proceedings
Introduction
Guiding principles
Information sharing between security agencies and the Police
Issues arising from the current law
Judicial balancing
Chapter 4 - Administrative decisions and review
Introduction
Using national security information fairly in administrative decisions
Statutory procedures for appeal and review of administrative decisions
International comparison
Scope for reform in New Zealand
Chapter 5 - Civil proceedings
Introduction
Establishing closed processes and appointing special advocates on a case-by-case basis
International background
Options for reform
Chapter 6 - Reform - where to from here?
Introduction
What information needs to be protected?
Who should decide?
How is national security information to be used?
Creating a workable special advocate model
Appendix A - Questions for consultation
Appendix B - Terms of reference
Next page