Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Applications for preservation directions

88B: Constable to apply for preservation direction requested by foreign enforcement authority

You could also call this:

"Police must ask to keep documents safe to help another country investigate a serious crime"

Illustration for Search and Surveillance Act 2012

You are a police officer in New Zealand. If a foreign country's law enforcement agency asks you to help keep some documents safe, you must apply to your boss for a preservation direction. This happens when the foreign agency is investigating a serious crime or has started court proceedings for a serious crime. The documents they want to preserve must be relevant to their investigation or court case. You can ask the foreign agency for more information about their investigation or court case. You can use the information they give you unless you know it is wrong. There are some rules that limit when you can do this, which are explained in subpart 4. When you apply for a preservation direction, there must also be a related request for help from the foreign agency that is already in progress.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528170.


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Part 3APreservation directions relating to foreign investigations or proceedings
Applications for preservation directions

88BConstable to apply for preservation direction requested by foreign enforcement authority

  1. A constable must apply to the Commissioner for a preservation direction against a person if a foreign enforcement authority requests the New Zealand Police for a preservation direction against the person and—

  2. one of the following applies:
    1. an investigation has commenced in relation to a serious offence that it is suspected has been, is being, or will be committed against the law of the foreign country in which the foreign enforcement authority is located:
      1. criminal proceedings have commenced in relation to an alleged serious offence against that law; and
      2. the documents that the foreign enforcement authority seeks to be preserved are relevant to the investigation or proceedings; and
        1. a related mutual assistance request is in progress.
          1. The constable—

          2. may require the foreign enforcement authority to supply any information about the matters referred to in subsection (1); and
            1. may rely on any information supplied by the foreign enforcement authority about those matters unless the constable knows that the information is false.
              1. Subsection (1) is subject to subpart 4.

              Notes
              • Section 88B: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).