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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Reviews

88P: How review must be conducted

You could also call this:

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

Illustration for Search and Surveillance Act 2012

When a decision is made about preserving information for a foreign investigation, you need to know how it can be reviewed. The Commissioner must ask one or more people to review the decision, and these people must be chosen under section 17 of the Policing Act 2008. The person who reviews the decision cannot be the same person who made the original decision. The reviewer looks at the papers and makes a decision within 30 working days. The reviewer can decide to keep the original decision, change it, or cancel it. If the decision was about keeping some information for a longer time, the reviewer can keep that decision, change the time period, or cancel it. The reviewer must finish their review within 30 working days. If the preservation direction is cancelled before the review is finished, the reviewer does not need to keep going with the review, as it is done under subpart 6.

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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=LMS1528192.

Topics:
Crime and justice > Police and safetyGovernment and voting > Government departments
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88O: Right of review, or

"Ask to Review a Decision About a Preservation Direction"

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88Q: Notice, etc, to be given after review is completed, or

"Notice given after a review of a preservation direction is completed"

Part 3APreservation directions relating to foreign investigations or proceedings
Reviews

88PHow review must be conducted

  1. The Commissioner must delegate the responsibility for reviewing the Commissioner’s decision to 1 or more persons under section 17 of the Policing Act 2008.

  2. If the original decision was made by a person as a delegate of the Commissioner, the responsibility for reviewing the decision must not be delegated to that person.

  3. The reviewer must—

  4. review the decision on the papers; and
    1. complete that review no later than 30 working days after the date on which the application for review was lodged.

      1. On completing a review of the decision, the reviewer may,—

      2. in the case of a decision to make a preservation direction,—
        1. affirm the decision; or
          1. amend the preservation direction; or
            1. revoke the preservation direction; or
            2. in the case of a decision to renew a preservation direction,—
              1. affirm the decision; or
                1. amend the renewed direction by changing the period for which it remains in force; or
                  1. revoke the renewed direction.

                  2. Subsections (3) and (4) cease to apply if, before the review is completed, the preservation direction to which the decision relates is revoked under subpart 6.

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