Search and Surveillance Act 2012

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

79X: Documents to be retained by other applicants to whom preservation direction is issued

You could also call this:

"Keep documents if you get a preservation direction"

Illustration for Search and Surveillance Act 2012

You must keep certain documents if you get a preservation direction. You need to keep the direction, a copy of your application, and copies of the documents that support your application. You must keep these documents until a certain date. You keep them until any court cases about the direction are finished, or until you are allowed to destroy or transfer the documents under the Public Records Act 2005 or other laws. If you are a police officer, different rules apply to you, which are explained in section 79W(2) to (5). You can keep these documents in electronic 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=LMS1528051.


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

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


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79Y: Annual reporting by Commissioner, or

"The Commissioner's Annual Report: What They Must Include"

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

79XDocuments to be retained by other applicants to whom preservation direction is issued

  1. An applicant to whom a preservation direction is issued must retain the preservation direction, a copy of the application (if made in writing), and copies of all documents provided in support of the application until the later of the following dates:

  2. 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 preservation direction or other documents under the Public Records Act 2005 or any other enactment or rule of law.
      1. If the applicant is a constable, section 79W(2) to (5) applies instead of this section.

      2. Documents required to be retained under this section may be retained in electronic form.

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