Search and Surveillance Act 2012

Enforcement officers' powers and orders - Preservation directions - Retention of documents

79W: New Zealand Police to retain applications and related documents

You could also call this:

"The Police must keep copies of certain documents for a few years."

Illustration for Search and Surveillance Act 2012

The New Zealand Police must keep a copy of every application for a preservation direction. They keep it until any related court cases are finished or for two years after they got the application. If a constable applies and gets a preservation direction, the Police must also keep the direction and documents that support the application. The Police keep these documents until any related court cases are finished or until they are allowed to destroy them under the Public Records Act 2005. They must keep a copy of every review application until any related court cases are finished or for two years after they got the application. The Police can keep these documents in electronic form. They have to keep the documents for a certain amount of time, even if they are allowed to destroy them sooner under other rules. This means they must follow the rules in this section when deciding how long to keep the documents. The Police must keep the documents as required by this section.

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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=LMS1528050.


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"Keep documents if you get a preservation direction"

Part 3Enforcement officers' powers and orders
Preservation directions: Retention of documents

79WNew Zealand Police to retain applications and related documents

  1. 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,—

  2. 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
    1. 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.
      1. If the applicant is a constable and a preservation direction is issued, the New Zealand Police—

      2. must also retain the following documents:
        1. the preservation direction:
          1. copies of all documents provided by the applicant in support of the application; and
          2. must retain those documents, and any documents comprising the copy or record referred to in subsection (1), until the later of the following dates:
            1. the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
              1. the date of destruction or transfer of the documents under the Public Records Act 2005 or any other enactment or rule of law.
              2. Subsection (2)(b) applies despite subsection (1)(a).

              3. The New Zealand Police must retain a copy of every application for a review under this subpart until,—

              4. in a case in which the relevant preservation direction is affirmed or amended, the later of the following dates:
                1. the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
                  1. the date that is 2 years after the date on which the application was made; or
                  2. in any other case, the date that is 2 years after the date on which the application was made.
                    1. 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).