12 October 2004
Crown to appeal Zaoui case
The Crown will be appealing the Court of Appeal decision Attorney-General v Zaoui.
It is important that the test to be applied by the Director of Security when issuing, and the Inspector-General when
reviewing, a security risk certificate is clarified.
The Court of Appeal issued declarations stating that the test of “threat to national security” is a very high one, on
the basis of an assumption that if such a certificate was confirmed against Mr Zaoui he would be sent back to face
It was never the intention of the Crown to return Mr Zaoui to a place of persecution, regardless of the outcome of the
review by the Inspector-General. Any decision by the Minister of Immigration would take account of New Zealand’s
international obligations, including its obligation not to deport people to places where they face torture.