Search and Surveillance Act 2012

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

79D: Applications made orally

You could also call this:

"Applying to the Commissioner by Talking"

Illustration for Search and Surveillance Act 2012

You can make an application orally, like over the phone or in person. The Commissioner can allow this if you cannot write it down without delaying the application. You must tell the Commissioner all the required information. You must also tell the Commissioner that your application is true and accurate. The Commissioner will record the important details of your application. This includes the facts the Commissioner used to make their decision. The Commissioner will also record the information you gave orally. This information includes the details of your application and any extra information the Commissioner needed. The Commissioner gets this information from section 79C and section 79C(4).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS1528017.


Previous

79C: Form and content of application, or

"What to include when asking to preserve documents"


Next

79E: Conditions for making preservation direction, or

"When can the police ask to keep evidence safe?"

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

79DApplications made orally

  1. Despite section 79C, the Commissioner may allow the application to be made orally (for example, by telephone or in person) and excuse the applicant from putting all or part of the application (including any required material) in writing.

  2. The Commissioner may allow the application to be made orally and excuse the applicant only if—

  3. the Commissioner is satisfied—
    1. that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the preservation direction (if made); and
      1. that the question of whether the direction should be issued can properly be determined on the basis of an oral application (together with the information referred to in paragraph (b)); and
      2. any further information that the Commissioner requires under section 79C(4) is supplied (whether orally, or partly orally and partly in writing) to the Commissioner.
        1. If the Commissioner allows the application to be made orally, the Commissioner must—

        2. ensure that the applicant orally affirms the truth and accuracy of the application when it is made; and
          1. record the following particulars and information as soon as practicable:
            1. particulars of the facts that the Commissioner relied on to be satisfied of the matters set out in subsection (2)(a):
              1. the particulars that the application is required to set out under section 79C(2) that were supplied orally to the Commissioner:
                1. any further information that the Commissioner required under section 79C(4) that was supplied orally to the Commissioner.
                Notes
                • Section 79D: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).