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Search and Surveillance Act 2012

Preservation directions relating to foreign investigations or proceedings - Invalidity, offences, and immunities, etc - Invalidity

88R: When preservation direction is invalid

You could also call this:

"What happens if a preservation direction has mistakes in it"

Illustration for Search and Surveillance Act 2012

A preservation direction is invalid if it has a mistake that might confuse you about what it's for or what it covers. This also applies if the direction is renewed and still has a mistake that might confuse you. If a preservation direction is invalid, some rules do not apply to it, such as section 204 of the Summary Proceedings Act 1957 and section 379 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528196.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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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"

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88S: Pathway information produced under preservation direction, or

"What happens to pathway information given to the police under a special order"

Part 3APreservation directions relating to foreign investigations or proceedings
Invalidity, offences, and immunities, etc: Invalidity

88RWhen preservation direction is invalid

  1. A preservation direction is invalid if the direction contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the preservation direction as to its purpose or scope.

  2. A preservation direction is invalid on its purported renewal if the direction, as purportedly renewed, contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the preservation direction as to its purpose or scope.

  3. If a preservation direction is invalid under this section, the following sections do not apply to the direction:

  4. section 204 of the Summary Proceedings Act 1957 (proceedings not to be questioned for want of form):
    1. section 379 of the Criminal Procedure Act 2011 (proceedings not to be questioned for want of form).

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