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Search and Surveillance Act 2012

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

88J: Granting of application

You could also call this:

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

Illustration for Search and Surveillance Act 2012

When you apply to renew a preservation direction, the Commissioner must say yes. The Commissioner can say no if the direction has already been renewed four times. The Commissioner can also say no if they think the request is not genuine or would harm New Zealand's interests, as outlined in the Budapest Convention and Related Matters Legislation Amendment Act 2025.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528183.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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88I: Application for renewal, or

"Apply to Renew a Preservation Direction"

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88K: Period for which preservation direction continues in force, or

"How long a preservation direction lasts"

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

88JGranting of application

  1. On an application for renewal of a preservation direction, the Commissioner must grant the application.

  2. However, the Commissioner—

  3. must refuse to grant the application if the preservation direction has already been renewed 4 times; and
    1. may refuse to grant the application if satisfied that—
      1. a related mutual assistance request is not or is no longer in progress; or
        1. the request 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.

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