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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Offences

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

You could also call this:

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

Illustration for Search and Surveillance Act 2012

If a preservation direction is made against you, the chief executive of the law enforcement agency must give you written notice in certain situations. This happens when the agency stops investigating the suspected offence, or when criminal proceedings start. The chief executive can also give notice for other reasons. The chief executive does not have to give you notice if they think it would harm the law, put someone in danger, or affect international relationships. They also do not have to give notice if it would affect the security or defence of New Zealand, or the supply of information to the agency. The chief executive must regularly review their decision not to give notice and give you written notice if their reasons for not giving notice change, as stated in section 79Q(4)(g). They must keep checking if their decision is still appropriate. You will get written notice if the chief executive is no longer satisfied with their original reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528040.

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

79RChief executive to give written notice for section 79Q(4)(g)

  1. As soon as practicable after any of the following occurs, the chief executive of the law enforcement agency that employed or engaged the enforcement officer who applied for the preservation direction must give written notice to the person against whom the direction was made:

  2. the law enforcement agency decides to discontinue any investigation into the suspected offence that is the subject of the application for the direction:
    1. any criminal proceedings that the law enforcement agency expects to be commenced in relation to the suspected offence have been commenced:
      1. the chief executive decides for any other reason to give notice under this section in relation to the direction.

        1. However, the chief executive is not required to give notice if satisfied on reasonable grounds that the disclosure that would be allowed under section 79Q(4)(g) because of the notice—

        2. would prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or
          1. would endanger the safety of any person; or
            1. would prejudice the supply of information to the law enforcement agency; or
              1. would prejudice any international relationships of the law enforcement agency; or
                1. would prejudice the security or defence of New Zealand.

                  1. The chief executive must—

                  2. keep under review the appropriateness of any decision of the chief executive under subsection (2); and
                    1. give written notice under this section if the chief executive ceases to be satisfied on reasonable grounds of the matters referred to in subsection (2).

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