Which statement is correct about the definition of potentially prejudicial information for applicants outside of New Zealand? (1 mark)

Question

BlackTom AI · Accepted Answer

Potentially prejudicial information arises when new factual material about an applicant—regardless of its source—could adversely affect the outcome and the applicant has not had an opportunity to respond. The key concept is the applicant’s right to be informed of material facts that might harm their application and to be given a chance to comment.

Relevant knowledge points and concepts
- “Potentially prejudicial information” triggers procedural fairness: decision‑makers must disclose information that could negatively affect the applicant and allow a response.
- This duty applies whether the applicant is inside or outside New Zealand; for applicants outside New Zealand, the focus is whether they have previously had an opportunity to comment on that information.

Step‑by‑step reasoning
1. Identify the feature that makes information “potentially prejudicial”: it’s not simply that the information exists, but that it may disadvantage the applicant if they cannot respond.
2. For an applicant outside New Zealand, the critical procedural fairness requirement is whether they previously had the opportunity to comment on the factual information or material.
3. If they have not had that opportunity, the information is potentially prejudicial and must generally be disclosed so the applicant can respond.

Why the correct answer is correct
- Option b states the applicant has not previously had the opportunity to comment on the factual information or material. That directly captures the procedural fairness trigger for potentially prejudicial information: lack of prior opportunity to respond makes information potentially prejudicial.

Why the other options are incorrect
- a. “The information must be factual and material” is too narrow: the central issue is opportunity to comment; factuality/materiality alone does not define “potentially prejudicial” in procedural‑fairness terms.
- c. “Must have been obtained from the applicant or their agent” is false; prejudicial information can come from third parties or official checks.
- d. “The information is publicly available” is irrelevant—public availability does not remove the need to give an applicant an opportunity to comment if the information could prejudice a decision.

Conclusion
The correct choice is b, which matches the provided answer.

Which statement is correct about the definition of potentially prejudicial information for applicants outside of New Zealand? (1 mark)Single choice

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