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Search and Surveillance Act 2012

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

88ZD: New Zealand Police to retain applications and related documents

You could also call this:

"Police must keep copies of applications and related documents for a certain time."

Illustration for Search and Surveillance Act 2012

The New Zealand Police must keep a copy of every application they get under this Part, and copies of the documents related to the application. They must keep these until a certain date, which depends on what happens with the application. If the application is granted, they keep the documents until any court cases about it are finished, or until they have to get rid of the documents under the Public Records Act 2005 or other laws. The New Zealand Police also have to keep a copy of every application for a review under this Part. They keep these until any court cases about it are finished, or for 2 years after the application is made. They can keep these documents in electronic form, which means they can store them on a computer. When we talk about an application under this Part, we mean an application for a preservation direction or an application to renew one. Documents related to an application include things like documents from the foreign authority that asked for the preservation direction, and documents the applicant provided to support their application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528222.

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

88ZDNew Zealand Police to retain applications and related documents

  1. The New Zealand Police must retain a copy of every application under this Part, and copies of the documents related to the application, until,—

  2. in a case where an application is granted, the later of the following dates:
    1. the date of completion of any proceedings in respect of which the validity of the preservation direction or its renewal may be in issue:
      1. the date of destruction or transfer of the preservation direction or other documents under the Public Records Act 2005 or any other enactment or rule of law; or
      2. in any other case, the date that is 2 years after the date on which the application and other documents were first retained under the control of the New Zealand Police.

        1. The New Zealand Police must retain a copy of every application for a review under this Part until,—

        2. in a case in which the relevant preservation direction is affirmed or amended, the later of the following dates:
          1. the date of completion of any proceedings in respect of which the validity of the direction may be in issue:
            1. the date that is 2 years after the application is made; or
            2. in any other case, the date that is 2 years after the application is made.

              1. Documents required to be retained under this section may be retained in electronic form.

              2. In this section,—

                application under this Part means—

                1. an application for a preservation direction; or
                  1. an application to renew a preservation direction

                    documents related to an application means—

                    1. any documents provided by the foreign enforcement authority concerned in connection with the related request; and
                      1. any documents provided by the applicant in support of an application for a preservation direction; and
                        1. in the case of an application for a preservation direction that is granted, the direction; and
                          1. in the case of an application for the renewal of a preservation direction that is granted, the updated version of the direction.

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