Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Preservation directions: making, duration, and other matters

79I: Duration of preservation direction

You could also call this:

"How long a preservation direction lasts"

Illustration for Search and Surveillance Act 2012

A preservation direction is in force until the end of the period specified, which is not more than 20 days after it is made. You will know how long it lasts because it is stated in the direction. The direction can last longer if an application is made for a production order. If an application is made, the preservation direction stays in force until the application is decided. After the application is decided, the preservation direction is revoked. This only happens if the preservation direction and the application are about the same investigation. If the application is made, the Commissioner must tell you in writing how long the preservation direction will last. The Commissioner must do this as soon as possible after the application is made. You will be told if the preservation direction is revoked after the application is decided, unless the application is granted. The Commissioner does not have to tell you if it is not possible to do so before the application is decided, or if the application is granted. You can find more information about the changes to this law in the Budapest Convention and Related Matters Legislation Amendment Act 2025.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528024.

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79H: Preservation directions against network operators relating to traffic data, etc, or

"Orders to save internet and phone records"

79J: Right of review, or

"Ask to Review a Decision Made Against You"

Part 3Enforcement officers' powers and orders
Preservation directions: Preservation directions: making, duration, and other matters

79IDuration of preservation direction

A preservation direction against a person is in force until the end of the period specified in the direction (not exceeding 20 days after the date on which the direction is made).
However, if an application is made for a production order against the person in relation to all or any of the documents described in a preservation direction before the direction expires, the preservation direction—
continues in force until the application is determined; and
is revoked when the application is determined.

Subsection (2) applies only if the preservation direction and the application for the production order relate to the same investigation.
If subsection (2) applies, the Commissioner must give written notice to the person against whom the preservation direction was made, as soon as practicable after the application for a production order is made and before it is determined, of the effect of subsection (2)(a).
However, the Commissioner is not required to give the notice if the application for the production order is determined before it is practicable to give the notice.
If a preservation direction is revoked under subsection (2)(b), the Commissioner must give written notice to the person against whom the direction was made that it is revoked.
However, the Commissioner is not required to give the notice if the application for the production order is granted.

Notes

Section 79I: inserted, on 1 October 2025, by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).