Search and Surveillance Act 2012

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

88C: Form and content of application

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"What to include when asking to preserve documents for a foreign authority"

Illustration for Search and Surveillance Act 2012

When you apply for a preservation direction, you must do it in writing. You can send the application to the Commissioner electronically. Your application must include the name of the foreign enforcement authority and the person involved. You need to say what serious offence is involved and give a summary of the related facts. You must describe the documents the foreign authority wants to preserve and why they are relevant. You also need to say where the documents are and why the authority wants them preserved. The constable can ask the foreign authority for more information and can use the information they provide unless it is false.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528171.


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

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


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88D: Commissioner to make preservation direction, or

"The Commissioner must give a preservation direction when asked, but can refuse in some cases."

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

88CForm and content of application

  1. An application for a preservation direction—

  2. must be in writing; and
    1. may be transmitted to the Commissioner electronically.
      1. The application must—

      2. state the name of the foreign enforcement authority; and
        1. state the name of the person against whom the preservation direction is sought; and
          1. specify the serious offence; and
            1. set out a summary of the related facts; and
              1. describe the documents that the foreign enforcement authority seeks to be preserved; and
                1. describe how the documents are relevant to the investigation or proceedings; and
                  1. set out particulars of any location at which the documents are known or believed to be held (including the location of any computer system in which the documents are recorded or stored); and
                    1. set out the reasons why the foreign enforcement authority seeks to have the documents preserved by way of a preservation direction, including particulars of any concerns about the documents being lost or modified.
                      1. The constable—

                      2. may require the foreign enforcement authority to supply any information about the matters referred to in subsection (2); 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.
                          Notes
                          • Section 88C: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).