Locke Keith: Questions for Oral Answer — Questions to Ministers 
Locke Keith: Questions for Oral Answer — Questions to Ministers 
[Volume:642;Page:11917] 
11.  
KEITH LOCKE (Green) 
 to the  
Minister of Immigration 
: Will he reconsider the provisions around the use of classified information in the Immigration Bill in light of the recent outcome of Ahmed Zaoui’s case; if not why not? 
Hon CLAYTON COSGROVE (Associate Minister of Immigration) 
 on behalf of the  
Minister of Immigration 
: The new Immigration Bill sets out a clear process for making decisions when classified information is used. This will allow the Government to manage those non-citizens who are a risk or a threat. The better processes proposed in the bill should ensure such cases are dealt with quickly. The classified information system under the bill incorporates all the advantages of Part 4A of the current Act and seeks to overcome its disadvantages through providing clearer and more closely prescribed systems. 
Keith Locke 
: Will the Minister attempt to change the Immigration Bill so that in all future immigration appeals that involve secret information the appellant will have as of right a summary of each and every secret allegation or will the Government continue down the path of overturning the High Court decision in which Mr Zaoui won the right to a summary of the secret allegations against him? 
Hon CLAYTON COSGROVE 
: I am sure the member is aware that under the bill the Minister of Immigration will decide whether classified information should be used if publicly available information cannot be found and New Zealand’s reputation or security is at stake. This will ensure that decisions can be made using all available information. In the Zaoui case the Refugee Status Appeals Authority could not access the classified information on Mr Zaoui when making the decision. 
Hon Brian Donnelly 
: Does the Minister agree that in the case mentioned we have witnessed the worst kind of premeditated queue-jumping with New Zealand’s legal system being manipulated at a cost of over $3 million to the taxpayer; and given the experience of this case is it not time for our laws to be tightened to ensure that that can never occur again? 
Hon CLAYTON COSGROVE 
: Part 4A of the Act was enacted on 1 April 1999 as an amendment to the 1987 Act by a National Government. I am advised that the Zaoui case is the only time that Part 4A has been tested since it was enacted and that is why the Government has a bill before the House to change the legislation. 
Keith Locke 
: Does the Minister not accept following on from his previous answer that although as he rightly said the Refugee Status Appeals Authority did not get access to all the classified information it was only when a summary of that classified information was made available to Mr Zaoui and his defence that Mr Zaoui could prove his innocence and in that respect does he not think that the Immigration Bill makes things worse by widening the use of secret information against appellants and even allowing the Immigration and Protection Tribunal set up under the bill to withhold that secret information from the appellant contrary to the decision in the High Court case that Mr Zaoui took? 
Hon CLAYTON COSGROVE 
: What I do accept is that this Government has a responsibility to ensure that our borders are secure from threats from non-citizens. I believe that the legislation this Government has proposed will do just that.