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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Preservation directions: making, initial duration, and other matters

88D: Commissioner to make preservation direction

You could also call this:

"The Commissioner must decide whether to stop someone's information from being deleted."

Illustration for Search and Surveillance Act 2012

The Commissioner has to make a preservation direction against a person when someone applies for it. You need to know the Commissioner can refuse this application if they think a related request is not happening. The Commissioner can also refuse if the request is about punishing someone for a political offence or if it affects New Zealand's sovereignty. The Commissioner must follow the rules in subpart 4 when making a preservation direction. The Commissioner's decision is important in this process. The rules about preservation directions are part of a bigger law called the Search and Surveillance Act 2012. The Commissioner has to make decisions based on this law. This helps keep everyone safe and ensures the law is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528173.

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"What a preservation direction must look like and what it must say"

Part 3APreservation directions relating to foreign investigations or proceedings
Preservation directions: making, initial duration, and other matters

88DCommissioner to make preservation direction

  1. On an application for a preservation direction against a person, the Commissioner must make a preservation direction against the person.

  2. However, the Commissioner may refuse to grant the application if satisfied that—

  3. a related mutual assistance request is not in progress; or
    1. the foreign enforcement authority’s request for a preservation direction relates to the prosecution or punishment of a person for an offence that is, or is by reason of the circumstances in which it is alleged to have been committed or was committed, an offence of a political character; or
      1. there are substantial grounds for believing that the request has been made with a view to prosecuting or punishing a person for an offence of a political character; or
        1. granting the application would prejudice the sovereignty, security, or national interests of New Zealand.

          1. This section is subject to subpart 4.

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