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

Illustration for Search and Surveillance Act 2012

The Commissioner has to make a preservation direction against a person when asked. You need to know the Commissioner can refuse this if certain conditions are met. The Commissioner can refuse if the request is for a political offence or if it affects New Zealand's sovereignty. The Commissioner also has to follow the rules in subpart 4. You are affected by these decisions if you are involved in a foreign investigation. The Commissioner has to consider many factors when making a decision.

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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).