Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Reviews

88O: Right of review

You could also call this:

"Ask to Review a Decision About a Preservation Direction"

Illustration for Search and Surveillance Act 2012

You can ask the Commissioner to review a decision about a preservation direction made against you. You can ask for a review of the decision to make the direction or to renew it. You do this by applying in the approved manner. You must say what decision you want reviewed, why you think it should be reviewed, and what you want to happen. Your application must be made within 30 working days of getting the direction or updated direction. It must also be made before the direction expires or is revoked. The Commissioner can accept your application after the deadline if there were special circumstances that stopped you from applying on time. The Commissioner will only accept it if it is made before the direction expires or is revoked. The approved manner is a way of applying that the Commissioner has approved and is listed on a publicly accessible New Zealand Police website. You can find this information on an Internet site maintained by or on behalf of the New Zealand Police.

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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=LMS1528191.


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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"


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88P: How review must be conducted, or

"How to Check a Decision About Keeping Information for a Foreign Investigation"

Part 3APreservation directions relating to foreign investigations or proceedings
Reviews

88ORight of review

  1. A person against whom a preservation direction is made may apply to the Commissioner, in the approved manner, for a review of either of the following decisions of the Commissioner:

  2. a decision to make the direction:
    1. a decision to renew the direction.
      1. An application must state—

      2. the decision that the applicant wishes to be reviewed; and
        1. why the applicant thinks the decision should be reviewed; and
          1. the review outcome that the applicant seeks.
            1. An application must be made—

            2. no later than the default closing date, which is 30 working days after the date on which—
              1. the direction is given to the person (if the application is for a review of the decision to make the direction); or
                1. the updated direction is given to the person (if the application is for a review of a decision to renew the direction); and
                2. before the direction expires or is revoked.
                  1. However, the Commissioner may accept an application after the default closing date if satisfied that extenuating circumstances affected the ability of the person to make the application by that date (but may only accept the application before the direction expires or is revoked).

                  2. In this section, approved manner means any manner that—

                  3. is approved by the Commissioner for the purposes of this section; and
                    1. is specified on an Internet site maintained by or on behalf of the New Zealand Police that is publicly accessible free of charge.
                      Notes
                      • Section 88O: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).