Search and Surveillance Act 2012

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

88X: Failing to comply with preservation direction

You could also call this:

"Breaking the law by not following a preservation direction"

Illustration for Search and Surveillance Act 2012

You commit an offence if you fail to comply with a preservation direction without a reasonable excuse. If you are found guilty, you can be punished. The punishment depends on whether you are an individual or a company, with individuals facing up to 1 year in prison and companies facing a fine of up to $40,000.

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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=LMS1528207.


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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"


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88Y: False application for preservation direction or renewal, or

"Lying when asking to keep something as evidence is against the law"

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

88XFailing to comply with preservation direction

  1. A person commits an offence if the person, without reasonable excuse, fails to comply with a preservation direction.

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

  3. if they are an individual, to imprisonment for a term not exceeding 1 year; or
    1. if they are a body corporate, to a fine not exceeding $40,000.
      Notes
      • Section 88X: inserted, on , by section 20 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).