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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Invalidity

79M: When preservation direction is invalid

You could also call this:

"What happens if a preservation direction is wrong or has mistakes"

Illustration for Search and Surveillance Act 2012

A preservation direction is invalid if the conditions in section 79E were not met when it was made. You will know this if the information in the application does not match the conditions. A direction is also invalid if it has mistakes that might confuse people about what it means. If a preservation direction is invalid, some rules do not apply to it. These rules are in section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Procedure Act 2011. This means you cannot use these rules to question the direction because of mistakes in its form.

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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=LMS1528031.

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

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79N: Record of pathway information produced under preservation direction, or

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

79MWhen preservation direction is invalid

  1. A preservation direction is invalid—

  2. if, having regard to the information contained in the application for the direction, the conditions specified in section 79E for making the direction were not satisfied at the time the direction was made or (if applicable) amended; or
    1. if the direction contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the direction as to its purpose or scope.

      1. If a preservation direction is invalid under this section, the following sections do not apply to the direction:

      2. section 204 of the Summary Proceedings Act 1957 (proceedings not to be questioned for want of form):
        1. section 379 of the Criminal Procedure Act 2011 (proceedings not to be questioned for want of form).

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