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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Renewal of preservation directions

88I: Application for renewal

You could also call this:

"Apply to Renew a Preservation Direction"

Illustration for Search and Surveillance Act 2012

You need to apply to renew a preservation direction if a foreign authority asks the New Zealand Police to do so. They must ask before the direction expires. You can only renew the direction if it has not been renewed before, or if it has been renewed fewer than 4 times. You must make the application in writing and you can send it electronically. The application can be for all the documents or just some of them. You must say if there have been any material changes since the direction was made or last renewed, as referred to in sections 88B(1) and 88C(2). You can ask the foreign authority for information about the changes and you can use the information they give you unless you know it is false. The application for renewal is made to the Commissioner. A related mutual assistance request must be in progress for the renewal to happen.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528182.

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

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

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88J: Granting of application, or

"The Commissioner must approve a renewal application, except in certain situations."

Part 3APreservation directions relating to foreign investigations or proceedings
Renewal of preservation directions

88IApplication for renewal

  1. A constable must apply to the Commissioner for a preservation direction against a person to be renewed if—

  2. a foreign enforcement authority—
    1. requests the New Zealand Police to renew the direction; and
      1. makes the request before the direction expires; and
      2. a related mutual assistance request is in progress; and
        1. the direction has not been renewed before, or has been renewed fewer than 4 times.

          1. The following apply in relation to an application for renewal:

          2. the application must be in writing and may be transmitted electronically:
            1. the application may relate to all of the documents to which the preservation direction currently applies or to fewer, or a narrower class, of those documents:
              1. the application must identify any material changes to the matters referred to in sections 88B(1) and 88C(2) since the preservation direction was made or last renewed:
                1. the constable—
                  1. may require the foreign enforcement authority to supply information about the material changes; and
                    1. may rely on any information supplied by the foreign enforcement authority about those changes unless the constable knows that the information is false.

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