If you have been served with a Preservation Direction (under the Search and Surveillance Act 2012) you have the right to request a review of the Commissioner’s decision to seek preservation.
Request content and submission date
Please note: the details of how to request a review and when it must be requested by, are supplied in the Preservation Direction that you have been served, under the heading Notice to person against whom this preservation direction is made, Right of review.
If you want to request a review, your request must:
- be in writing and must state the following:
- the decision that you wish to have reviewed,
- why you think the decision should be reviewed, and
- the review outcome that is sought.
- emailed to pdreview@police.govt.nz, with a subject line of ‘Review request – Preservation Direction’, and
- have a copy of the relevant Preservation Direction attached to the email.
If you request a review, the timeframe for completion starts after the date the request was lodged. The review must be completed no later than:
- 30 working days, for a Preservation Direction (Foreign Enforcement Authority), Section 88D of the Search and Surveillance Act 2012; or
- 5 working days, for a Preservation Direction (Domestic), Section 79F of the Search and Surveillance Act 2012.
Review process and timeline
If you request a review, the review must be completed no later than:
- 30 working days, for a Preservation Direction (Foreign Enforcement Authority), Section 88D of the Search and Surveillance Act 2012; or
- 5 working days, for a Preservation Direction (Domestic), Section 79F of the Search and Surveillance Act 2012; after the date the request for review was lodged.
Please note: the preservation direction that the review relates to, remains in force until you are notified in writing of the reviewer’s decision.
Outcomes of Review
Once the review is completed you will be notified in writing, within the timeframes specified above, of the outcome. Possible outcomes of a review are that the direction will:
- remain in place, as original supplied (affirmed), or
- remain in place, with a reduced number of documents included for preservation (amended), or
- no longer require the preservation of documents (revoked).