The Adoption of the Special Advocate Procedure in New Zealand’s Immigration Bill

Abstract

This article is about the development of the special advocate procedure. A special advocate is a lawyer appointed to represent the interests of a person in proceedings where the state relies on sensitive material that cannot be disclosed to that person or his or her lawyer. The article traces the origins of the special advocate procedure internationally, and its introduction into New Zealand in the Immigration Bill. It also examines the effectiveness of the special advocate procedure in mitigating the unfairness inherent in the use of secret evidence. Finally, the article considers the resourcing of special advocates and the potential use of the procedure in other areas.

Keywords: special advocate, terrorism, national security, secret evidence, classified information, immigration