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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Consequences if responsible constable believes that requested preservation direction would prejudice investigation, etc

88H: Foreign enforcement authority to be informed and other consequences of belief

You could also call this:

"Telling a foreign country's authorities about a New Zealand investigation"

Illustration for Search and Surveillance Act 2012

If a police officer thinks serving a preservation direction will hurt a foreign investigation, they must tell the foreign authority. The officer must inform them as soon as possible if they think this before or after the application is made. The foreign authority must confirm their request before the application can be made or the direction served.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528180.

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88G: Initial duration of preservation direction, or

"How long a preservation direction lasts at first"

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88I: Application for renewal, or

"Apply to Renew a Preservation Direction"

Part 3APreservation directions relating to foreign investigations or proceedings
Consequences if responsible constable believes that requested preservation direction would prejudice investigation, etc

88HForeign enforcement authority to be informed and other consequences of belief

  1. This section applies if a responsible constable forms the belief, before a requested preservation direction has been served, that serving it—

  2. would prejudice any investigation by the foreign enforcement authority concerned in relation to the serious offence that is the subject of the request (for example, by threatening the confidentiality of the investigation or because it would risk the loss or modification of the documents); or
    1. would be unlikely to result in the preservation of the documents that the foreign enforcement authority seeks to be preserved.

      1. If the responsible constable forms the belief before the application is made,—

      2. the constable must inform the foreign enforcement authority of that belief as soon as practicable; and
        1. the application may be made only if the foreign enforcement authority confirms its request.

          1. If the responsible constable forms the belief after the application is made and before the Commissioner determines it,—

          2. the constable must inform the foreign enforcement authority and the Commissioner of that belief as soon as practicable; and
            1. the Commissioner may grant the application only if the foreign enforcement authority confirms its request.

              1. If the responsible constable forms the belief after the Commissioner grants the application but before the direction is served,—

              2. the constable must inform the foreign enforcement authority and the Commissioner of that belief as soon as practicable; and
                1. the direction may be served only if the foreign enforcement authority confirms its request; and
                  1. the direction is to be treated as not having been made if the foreign enforcement authority withdraws the request.

                    1. A responsible constable for a requested preservation direction does not have any duty to determine whether they believe the matters referred to in subsection (1).

                    2. In this section, responsible constable, in relation to a preservation direction requested by a foreign enforcement authority, means the constable who is responsible for informing the foreign enforcement authority of matters relating to the request.

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