Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Reviews

79J: Right of review

You could also call this:

"Ask to Review a Decision Made Against You"

Illustration for Search and Surveillance Act 2012

You can ask the Commissioner to review a preservation direction made against you. You must apply in the approved manner, if there is one. The Commissioner decides what the approved manner is and it is listed on a publicly accessible New Zealand Police website. You need to say what decision you want reviewed, why you think it should be reviewed, and what you want to happen. You must apply within 5 working days of getting the preservation direction, and before it expires or is revoked under section 79I. The Commissioner can accept your application after the 5 working days if they think something stopped you from applying on time. They can only accept it before the direction expires or is revoked.

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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=LMS1528027.


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79I: Duration of preservation direction, or

"How long a preservation direction lasts"


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79K: How review must be conducted, or

"How to Check a Decision Again"

Part 3Enforcement officers' powers and orders
Preservation directions: Reviews

79JRight of review

  1. A person against whom a preservation direction is made may apply to the Commissioner, in the approved manner (if any), for a review of the Commissioner’s decision to make the direction.

  2. An application must state—

  3. the decision that the applicant wishes to be reviewed; and
    1. why the applicant thinks the decision should be reviewed; and
      1. the review outcome that the applicant seeks.
        1. An application must be made—

        2. no later than the default closing date, which is 5 working days after the date on which the preservation direction is given to the person; and
          1. before the direction expires, or is revoked, under section 79I.
            1. However, the Commissioner may accept an application after the default closing date if satisfied that extenuating circumstances affected the ability of the person to make the application by that date (but may only accept the application before the direction expires or is revoked).

            2. In this section, approved manner means any manner that—

            3. is approved by the Commissioner for the purposes of this section; and
              1. is specified on an Internet site maintained by or on behalf of the New Zealand Police that is publicly accessible free of charge.
                Notes
                • Section 79J: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).