Part 3APreservation directions relating to foreign investigations or proceedings
Applications for preservation directions
88BConstable to apply for preservation direction requested by foreign enforcement authority
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—
- one of the following applies:
- 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:
- criminal proceedings have commenced in relation to an alleged serious offence against that law; and
- 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:
- the documents that the foreign enforcement authority seeks to be preserved are relevant to the investigation or proceedings; and
- a related mutual assistance request is in progress.
The constable—
- may require the foreign enforcement authority to supply any information about the matters referred to in subsection (1); and
- may rely on any information supplied by the foreign enforcement authority about those matters unless the constable knows that the information is false.
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).


