Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Continuation and revocation: effect of requests and applications under Mutual Assistance in Criminal Matters Act 1992

88M: Preservation direction to continue: request for assistance by production order

You could also call this:

"Keeping documents safe during an investigation: asking for help to get them"

Illustration for Search and Surveillance Act 2012

You are part of an investigation or proceedings. A preservation direction is in place to keep certain documents. The Attorney-General gets a request for help to get these documents under a production order. You need to know this request is made under section 43 of the Mutual Assistance in Criminal Matters Act 1992. The request must be made before the preservation direction expires. The preservation direction and the request for the production order must be about the same investigation or proceedings. The preservation direction stays in force until it is revoked under section 88N.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528187.


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88L: Updated version of preservation direction must be issued, or

"Getting a New Copy of a Renewed Search Order"


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88N: Whole or partial revocation of preservation direction, or

"Stopping the need to keep certain documents when a request is refused"

Part 3APreservation directions relating to foreign investigations or proceedings
Continuation and revocation: effect of requests and applications under Mutual Assistance in Criminal Matters Act 1992

88MPreservation direction to continue: request for assistance by production order

  1. This subpart applies if—

  2. a request is made to the Attorney-General under section 43 of the Mutual Assistance in Criminal Matters Act 1992 for assistance in obtaining, under a production order against a person, all or any of the documents described in a preservation direction against the person; and
    1. the request is made before the preservation direction would otherwise expire under section 88G or 88K; and
      1. the preservation direction and the request for the production order relate to the same investigation or proceedings.
        1. The direction continues in force in relation to all of the documents until it is revoked or partially revoked under section 88N.

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