A High Court judge is yet to rule if Ahmed Zaoui's lawyers can cross-examine the head of the SIS, Richard Woods, in next week's judicial review of the Algerian political refugee's security-risk certificate.
Justice Hugh Williams heard arguments for and against in chambers yesterday. He heard in open court an application
from the Human Rights Commission that it be allowed to take part in the judicial review proceedings.
The judicial review, which begins on Monday, is challenging interim decisions made by the Inspector-General of Intelligence and Security, Justice Laurie Greig, to exclude Mr Zaoui's human rights in his review of the certificate and to withhold a summary of the SIS secret information against him.
Robert Hesketh for the commission said it had a clear mandate to audit New Zealand's compliance with internationally recognised human rights standards. "It is an independent body whose presence will respectfully enhance the proceedings given its expertise in matters of this nature."
But the Crown said that allowing the commission to participate would cause further delay.
Lawyer Karen Clark said legislation did not require the Inspector-General to consider Mr Zaoui's human rights.
If the security-risk certificate is upheld it was then for the Minister of Immigration, Lianne Dalziel, to take international human rights laws and NZ's Bill of Rights into account.
The Crown's concern was to prevent the "ever-expanding" breadth of supposed relevant issues in the review.
"It's in danger of getting out of control and meanwhile the person who is the subject of the certificate and review remains incarcerated."
Mr Hesketh said the commission intended only to make written submissions, not to cross-examine.
Mr Zaoui's counsel, Rodney Harrison, said human rights were at the heart of the judicial review.
Justice Williams was to give his ruling today.
Herald Feature: Ahmed Zaoui, parliamentarian in prison
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