Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Reviews

79K: How review must be conducted

You could also call this:

"How to Check a Decision Again"

Illustration for Search and Surveillance Act 2012

When you want a decision reviewed, the Commissioner must ask one or more people to do the review. These people are chosen under section 17 of the Policing Act 2008. The person who made the original decision cannot review it. You do the review by looking at the papers and you must finish it within 5 working days. After the review, you can decide to keep the original decision, change it, or cancel it.

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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=LMS1528028.


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79J: Right of review, or

"Ask to Review a Decision Made Against You"


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79L: Notice, etc, to be given after review is completed, or

"What happens after a review of a preservation direction is finished"

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

79KHow review must be conducted

  1. The Commissioner must delegate the responsibility for reviewing the Commissioner’s decision to 1 or more persons under section 17 of the Policing Act 2008.

  2. If the original decision was made by a person as a delegate of the Commissioner, the responsibility for reviewing the decision must not be delegated to that person.

  3. The reviewer must—

  4. review the decision on the papers; and
    1. complete that review no later than 5 working days after the date on which the application for review is lodged.
      1. On completing a review of the decision, the reviewer may—

      2. affirm the decision; or
        1. amend the preservation direction; or
          1. revoke the preservation direction.
            1. Subsections (3) and (4) cease to apply if, before the review is completed, the preservation direction to which the decision relates is revoked under section 79I(2).

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