Part 3Enforcement officers' powers and orders
Preservation directions: Retention of documents
79WNew Zealand Police to retain applications and related documents
The New Zealand Police must retain a copy of every written application for a preservation direction, or (in the case of an oral application) the record made by the Commissioner of the application, until,—
- in a case where a preservation direction is issued, the date of completion of any proceedings in respect of which the validity of the direction may be in issue; or
- in any other case, the date that is 2 years after the date on which the application or record was first retained under the control of the New Zealand Police.
If the applicant is a constable and a preservation direction is issued, the New Zealand Police—
- must also retain the following documents:
- the preservation direction:
- copies of all documents provided by the applicant in support of the application; and
- the preservation direction:
- must retain those documents, and any documents comprising the copy or record referred to in subsection (1), until the later of the following dates:
- the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
- the date of destruction or transfer of the documents under the Public Records Act 2005 or any other enactment or rule of law.
- the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
Subsection (2)(b) applies despite subsection (1)(a).
The New Zealand Police must retain a copy of every application for a review under this subpart until,—
- in a case in which the relevant preservation direction is affirmed or amended, the later of the following dates:
- the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
- the date that is 2 years after the date on which the application was made; or
- the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
- in any other case, the date that is 2 years after the date on which the application was made.
Documents required to be retained under this section may be retained in electronic form.
Notes
- Section 79W: inserted, on , by section 19 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).


