50RDirection relating to sending material to foreign country

1. Without limiting section 50Q, the Attorney-General may direct the Commissioner to arrange for the material (or any part of that material)—

2. to be transferred to the custody of the Attorney-General, or of any other person specified in the direction, for sending to an appropriate authority of a foreign country; or
3. to be sent to an appropriate authority of a foreign country.

4. However, the material (or any part of that material) may be sent out of New Zealand only if the Attorney-General is satisfied that—

5. a Judge has been provided with a surveillance device warrant report, as required by section 50H(1), relating to the warrant; and
6. the Judge has completed the Judge’s review of the report; and
7. the foreign country has given the appropriate undertakings about retaining or destroying raw surveillance data, excerpts from raw surveillance data, and any information obtained from raw surveillance data; and
8. the foreign country has given any other undertakings that the Attorney-General considers appropriate.

9. For the purposes of subsection (2)(c), the appropriate undertakings are undertakings to the effect of the following:

10. except as provided by paragraph (b), the foreign country will retain material collected under the surveillance device warrant that is raw surveillance data and sent to it under this section for no longer than—
    1. is required for the purposes of criminal proceedings for the offence in relation to which the data was collected under the warrant; or
    2. 5 years if criminal proceedings for that offence have not commenced (but only for as long as the data is required for an ongoing investigation by an appropriate authority of the foreign country):
11. the foreign country will retain any excerpts from the raw surveillance data longer than is provided for in paragraph (a)(i) or (ii) only if the appropriate authority of the foreign country is satisfied on reasonable grounds that the excerpts may be required for a future investigation by that authority:
12. the foreign country will retain information that is obtained from the raw surveillance data but that is not itself raw surveillance data only if the appropriate authority of the foreign country suspects on reasonable grounds that the information may be relevant to an ongoing or a future investigation by that authority:
13. the foreign country will ensure that the raw surveillance data, excerpts, and information are destroyed as soon as practicable after they cease to be retained in accordance with paragraphs (a), (b), and (c) (subject to any law of the foreign country requiring the record to be retained as part of a court record).