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Search and Surveillance Act 2012

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

88U: Offences

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"Breaking the rules about keeping information secret can be an offence"

Illustration for Search and Surveillance Act 2012

If you know about a preservation direction, you must not tell others. You will commit an offence if you disclose this information to someone else. This applies to information in documents related to the direction. If you are affected by a preservation direction, you must not share information from related documents. This is because the direction is in place to preserve those documents. You would not have been able to share the information if the direction was not made. If you commit an offence, you may face penalties. As an individual, you could be imprisoned for up to 6 months. As a company, you could be fined up to $100,000. You do not commit an offence if you disclose information to a constable or another affected person. You can also share information with a lawyer or someone from an intelligence and security agency. This must be done in accordance with certain rules, such as an intelligence warrant or authorisation under the Intelligence and Security Act 2017. You can also disclose information in court or if the rules no longer apply to you under section 88V. You can disclose information after the Commissioner gives written notice. The Commissioner must give notice because the direction has ceased to apply to the document. You can find more information about this in section 88W.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528203.

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

88UOffences

  1. A person who is affected by a preservation direction commits an offence if the person knowingly discloses to any other person that the direction has been made.

  2. A person who is affected by a preservation direction commits an offence if—

  3. the affected person knowingly discloses to another person any information contained in a document to which the preservation direction relates; and
    1. the document is in the possession or under the control of the person against whom the direction was made (whether or not they are the affected person making the disclosure); and
      1. the affected person would not have been able to disclose the information had a preservation direction not been made in relation to that document (for example, because the document would not have been preserved).

        1. A person who commits an offence against this section is liable on conviction,—

        2. if they are an individual, to a term of imprisonment not exceeding 6 months; or
          1. if they are a body corporate, to a fine not exceeding $100,000.

            1. A person who is affected by a preservation direction does not commit an offence against this section if the affected person makes the disclosure concerned—

            2. to a constable for the purpose of complying with the direction; or
              1. to another affected person for the purpose of complying with the direction or obtaining legal advice or legal representation in relation to the direction; or
                1. to a lawyer for the purpose of obtaining legal advice or making representations in relation to the direction; or
                  1. to a person acting on behalf of an intelligence and security agency and in accordance with—
                    1. an intelligence warrant issued under subpart 1 of Part 4 of the Intelligence and Security Act 2017; or
                      1. an authorisation given under section 78 of that Act; or
                      2. in accordance with section 122 of the Intelligence and Security Act 2017 or a business records direction issued under section 150 of that Act; or
                        1. in connection with, or in the course of, proceedings before a court or a tribunal; or
                          1. if this section has ceased to apply to the affected person under section 88V.

                            1. A person who is affected by a preservation direction does not commit an offence against subsection (2), in relation to any information contained in a document, if—

                            2. the affected person makes the disclosure concerned after the Commissioner gives written notice under section 88W in relation to the direction; and
                              1. the Commissioner has given the notice because the direction has ceased to apply to the document or a class of documents to which the document belongs.

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