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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

88W: Notice for section 88U(5): when section 88U(2) partially lifted

You could also call this:

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

Illustration for Search and Surveillance Act 2012

If a preservation direction stops applying to some documents, the Commissioner must tell you in writing. This notice is for the purposes of section 88U(5). The Commissioner must do this as soon as possible. The Commissioner does not have to give you notice if they think it would cause problems, such as prejudicing the maintenance of the law or endangering someone's safety. They also do not have to give notice if they think it would affect the supply of information to the New Zealand Police or New Zealand's security and defence. The Commissioner must keep reviewing their decision and give you notice if they change their mind. The Commissioner must review their decision and give you notice if they are no longer concerned about the problems that stopped them giving notice in the first place. They must give you written notice for the purposes of section 88U(5) if they decide to do this.

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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=LMS1528205.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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88V: When section 88U ceases to apply to affected person, or

"When rules to protect information stop applying to you"

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88X: Failing to comply with preservation direction, or

"Breaking the law by not following a preservation direction"

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

88WNotice for section 88U(5): when section 88U(2) partially lifted

  1. This section applies if a preservation direction ceases to apply in relation to particular documents or classes of documents (rather than all of the documents) described in the direction because the direction—

  2. is partially revoked under section 88N; or
    1. is amended under section 88P(4)(a)(ii) on completion of a review under section 88P.

      1. As soon as practicable after the preservation direction ceases to apply in relation to particular documents or classes of documents, the Commissioner must give written notice for the purposes of section 88U(5) to the person against whom the direction is made.

      2. However, the Commissioner is not required to give any notice under this section if satisfied on reasonable grounds that the disclosure that would be allowed because of the notice—

      3. 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 any decision of the Commissioner under subsection (3); and
                  1. give written notice for the purposes of section 88U(5) to the person against whom the preservation direction is made if the Commissioner ceases to be satisfied on reasonable grounds of the matters referred to in subsection (3).

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