[1] This is information that, in the opinion of the Director of the New Zealand Security Intelligence Service "cannot be divulged to the individual in question or to other persons"[1] for various reasons, including those listed below.
The Inspector-General has privileged access to classified security information, significant powers, and wide discretion as to how to use them (they are acting, however, in a quasi-judicial capacity[9]).
[12] Most famously Algerian refugee Ahmed Zaoui was incarcerated in a maximum-security prison in solitary confinement on the strength of a report produced by the threat assessment unit of the police.
[15] Under s 38 a marked departure occurs from New Zealand's open justice and adversarial process in procedures relating to such applications to challenge or to appeal such designation.
[citation needed] The Chief Justice or nominee, on request by the Attorney-General, if satisfied that it is desirable to do so for the protection of the classified information received or hear the classified security information in the absence of the designated entity, and all barristers and solicitors representing that entity, and all members of the public.