briefing from the Director, but may not record or divulge it to anyone. The Act provides that the certificate is evidence of sufficient grounds for the conclusion certified, subject only to a review by the Inspector General of Intelligence and Security. The Minister may decide to remove or deport a person based on the security risk certificate.250 The Immigration Act security risk provisions had not been used until March 2003 when a security risk certificate was issued against an Algerian, Mr Ahmed Zaoui, who had arrived in New Zealand on 4 December 2002 claiming refugee status, a status recognised by the Refugee Status Appeals Authority on 1 August 2003 (but without access to the classified material). Mr Zaoui has applied for review of the security risk certificate by the Inspector General. Court proceedings are continuing on the scope of that review and related matters. As the case is before the courts it is inappropriate to comment further. The Prime Minister has, however, said that, when the case is completed, the law would be examined to see if it had worked as intended.251 The Advisory Council of Jurists observes and recommends that: 1. If children under 17 are charged with the new terrorism offences, the provisions of the Children, Young Persons and Their Families Act 1989 will apply. As such, all of the protections (pre, post and at trial) for children and young persons within the criminal justice system contained in the Act will apply (as they would to children charged with other serious criminal offences). These safeguards are not available for children over 17 and New Zealand criminal law has been frequently criticised for this as being in contravention of the “best interests of the child” principle expressed in Article 3 of the CRC.252 250 In 2002 the Human Rights Committee expressed concern about the possible negative effects of the legislation on asylum seekers. The Committee referred to the absence of mechanisms to monitor terrorism suspects who have been expelled to their countries of origin and who might, despite assurances, face risk to their personal safety or lives. See Concluding observations of the Human Rights Committee: New Zealand 7 August 2002 CCPR/CO/75/NZL, para 11. 251 Helen Tunnah “Clark renews pledge on security law” The New Zealand Herald (Auckland, 21 January 2004). 252 Most recently by the UN Committee on the Rights of the Child in its concluding observations on New Zealand’s second periodic report CRC/C/15/Add.216, paras 4, 21, 49-50. 117