Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Applications for preservation directions

79C: Form and content of application

You could also call this:

"What to include when asking to preserve documents"

Illustration for Search and Surveillance Act 2012

You need to make an application in writing if you want a preservation direction. You can send this application to the Commissioner electronically. Your application must include your name and the reason you are making the application. You must also describe the offence you think has been or will be committed and the facts that make you think this. You need to say what documents you want to be preserved and why you think they are in the possession of the person you are making the application about. Your application must be truthful and accurate. The Commissioner might ask you for more information about your application.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528016.


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79B: Enforcement officer may apply for preservation direction, or

"Police can ask to keep evidence safe"


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Part 3Enforcement officers' powers and orders
Preservation directions: Applications for preservation directions

79CForm and content of application

  1. An application for a preservation direction—

  2. must be in writing; and
    1. may be transmitted to the Commissioner electronically.
      1. The application must—

      2. state the name of the applicant:
        1. specify the provision that authorises an application for a search warrant to be made in respect of the suspected offence:
          1. describe the offence that the applicant suspects has been, is being, or will be committed:
            1. set out the facts relied on to show reasonable grounds to hold that suspicion:
              1. describe the documents that the applicant seeks to be preserved:
                1. describe any record of pathway information that the applicant seeks to be produced:
                  1. set out the facts relied on to show reasonable grounds to believe that the documents (including any record of pathway information that the applicant seeks to be produced) are in the possession or under the control of the person against whom the order is sought.
                    1. The application must contain or be accompanied by a statement by the applicant confirming the truth and accuracy of the contents of the application.

                    2. The Commissioner may require the applicant to supply further information concerning the grounds on which the applicant seeks the preservation direction.

                    Notes
                    • Section 79C: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).