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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Offences

79Q: Disclosing matters relating to preservation direction

You could also call this:

"Telling others about a preservation direction is against the law"

Illustration for Search and Surveillance Act 2012

If you are affected by a preservation direction, you commit an offence if you knowingly tell someone else about it. You also commit an offence if you disclose information from a document related to the preservation direction. This is if the document is in the possession of the person the direction was made against and you would not have been able to disclose the information without the direction. If you commit this offence, you can be imprisoned for up to 6 months or fined up to $100,000 if you are a company. However, you do not commit an offence if you disclose the information to certain people, such as an enforcement officer or a lawyer, for specific purposes. You can also disclose the information to a person acting on behalf of an intelligence and security agency if you have an intelligence warrant or an authorisation under the Intelligence and Security Act 2017. You are affected by a preservation direction if you are the person it was made against or if you work for them. You disclose information if you share its meaning or any part of it. You can disclose the information in certain situations, such as to comply with the direction or to get legal advice, without committing an offence.

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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=LMS1528039.

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79P: False application for preservation direction, or

"It's an offence to give false info when asking to keep something as evidence"

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79R: Chief executive to give written notice for section 79Q(4)(g), or

"Chief executive must inform you in writing about certain decisions"

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

79QDisclosing matters relating to preservation direction

  1. A person who is affected by a preservation direction commits an offence if the person knowingly discloses to any other person that the direction has been made.

  2. A person who is affected by a preservation direction commits an offence if—

  3. the affected person knowingly discloses to another person any information contained in a document to which the preservation direction relates; and
    1. the document is in the possession or under the control of the person against whom the direction was made (whether or not they are the affected person making the disclosure); and
      1. the affected person would not have been able to disclose the information had a preservation direction not been made in relation to that document (for example, because the document would not have been preserved).

        1. A person who commits an offence against this section is liable on conviction,—

        2. if they are an individual, to a term of imprisonment not exceeding 6 months; or
          1. if they are a body corporate, to a fine not exceeding $100,000.

            1. A person who is affected by a preservation direction does not commit an offence against this section if the affected person makes the disclosure concerned—

            2. to an appropriate enforcement officer, in relation to the direction, for the purpose of complying with the direction; or
              1. to another affected person for the purpose of complying with the direction or obtaining legal advice or legal representation in relation to the direction; or
                1. to a lawyer for the purpose of obtaining legal advice or making representations in relation to the direction; or
                  1. to a person acting on behalf of an intelligence and security agency and in accordance with—
                    1. an intelligence warrant issued under subpart 1 of Part 4 of the Intelligence and Security Act 2017; or
                      1. an authorisation given under section 78 of that Act; or
                      2. in accordance with section 122 of the Intelligence and Security Act 2017 or a business records direction issued under section 150 of that Act; or
                        1. in connection with, or in the course of, proceedings before a court or a tribunal; or
                          1. after the chief executive of the law enforcement agency concerned gives the person against whom the direction is made written notice under section 79R in relation to the direction.

                            1. A person is affected by a preservation direction only if the person is—

                            2. the person against whom the direction was made; or
                              1. an officer, employee, or agent of the person against whom the direction was made.

                                1. A person discloses information if the person discloses—

                                2. the substance, meaning, or purport of that information; or
                                  1. any part of that information.

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