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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

88V: When section 88U ceases to apply to affected person

You could also call this:

"When rules to protect information stop applying to you"

Illustration for Search and Surveillance Act 2012

You are affected by a preservation direction. Section 88U stops applying to you when the direction expires or is revoked. However, this section can continue to apply to you if the Commissioner gives written notice. The Commissioner can give notice if they think you will do something that will prejudice the law or endanger someone's safety. They can also give notice if they think you will stop the New Zealand Police getting information or harm New Zealand's relationships with other countries. The Commissioner must review the notice and revoke it if they are no longer concerned about these issues. They must also tell the person against whom the direction is made when they revoke the notice. Section 88U will continue to apply to you until the Commissioner revokes the notice. The Commissioner can only give notice to the person against whom the preservation direction is made. You can find more information about preservation directions in sections 88G, 88K, subpart 6, and section 88Q, and in section 88U.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528204.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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88W: Notice for section 88U(5): when section 88U(2) partially lifted, or

"Notice when some documents are no longer held under a preservation direction"

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

88VWhen section 88U ceases to apply to affected person

  1. Section 88U ceases to apply to a person who is affected by a preservation direction when the direction expires or is revoked.

    Guidance note

    See sections 88G and 88K, subpart 6, and section 88Q.

  2. However, that section continues to apply to the affected person if the Commissioner gives written notice, before the date on which the direction expires or is revoked, to the person against whom the direction is made.

  3. If the Commissioner gives notice under subsection (2), section 88U continues to apply to the affected person until the notice is revoked.

  4. The Commissioner may give notice under subsection (2) to a person against whom a preservation direction is made only if the Commissioner is satisfied on reasonable grounds that the disclosure that would be allowed if section 88U were to cease to apply—

  5. would prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or
    1. would endanger the safety of any person; or
      1. would prejudice the supply of information to the New Zealand Police; or
        1. would prejudice any international relationships of the New Zealand Police; or
          1. would prejudice the security or defence of New Zealand.

            1. The Commissioner must—

            2. keep under review the appropriateness of a notice given under subsection (2); and
              1. revoke the notice, and give written notice of that revocation to the person against whom the direction is made, if the Commissioner ceases to be satisfied on reasonable grounds of the matters referred to in subsection (4).

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