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Serious Fraud Office Act 1990

Investigation of suspected offences involving serious or complex fraud

9: Power to require attendance before Director, production of documents, etc

You could also call this:

"The Director can ask you to talk to them and share documents to help with a fraud investigation."

Illustration for Serious Fraud Office Act 1990

The Director can ask you to come and talk to them if they think you know something about a fraud investigation. They can also ask you to bring documents or answer questions about something they think is relevant to the investigation. You might need to explain what the documents are about. The Director can keep the original document or take a copy of it. They can also ask you to explain what the document says and answer more questions about it. If the document has information that is hard to read, the Director can ask you to help make it clearer. If you do not bring a document when you are asked to, the Director can ask you where it is. If you give the Director a document with the information they asked for, they can use the same powers to look at that document. Before you have to answer any questions or bring any documents, you can arrange for a lawyer to come with you. The Director must follow certain rules when asking you to come and talk to them, which are explained in Section 18.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211434.

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8: Factors to which Director may have regard, or

"What the Director Considers When Looking at Suspected Fraud"

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10: Power to obtain search warrant, or

"Getting a warrant to search for important evidence"

Part 2Investigation of suspected offences involving serious or complex fraud

9Power to require attendance before Director, production of documents, etc

  1. The Director may, by notice in writing, require—

  2. any person whose affairs are being investigated; or
    1. any other person who the Director has reason to believe may have information or documents relevant to an investigation,—
        1. at the time and place specified in the notice, to do any 1 or more of the following things:
      1. to attend before the Director:
        1. to answer questions with respect to any matter that the Director has reason to believe may be relevant to the investigation:
          1. to supply any information specified in the notice with respect to any matter that the Director has reason to believe may be relevant to the investigation:
            1. to produce for inspection any documents which are specified in the notice and which the Director has reason to believe may be relevant to the investigation.

              1. Where any document is produced pursuant to this section, the Director may do any 1 or more of the following things:

              2. retain the original document produced, provided that a copy of the document is taken and returned as soon as practicable thereafter:
                1. take copies of the document, or of extracts from the document:
                  1. require the person producing the document to provide an explanation of the history, subject matter, and contents of the document and to answer any other questions which arise from that explanation and which the Director has reason to believe may be relevant to the investigation:
                    1. where necessary, require the person producing the document to reproduce, or to assist any person nominated by the Director to reproduce, in usable form, any information recorded or stored in the document.

                      1. Where any person is required to produce any document pursuant to this section and fails to do so, the Director may require that person to state, to the best of his or her knowledge and belief, where the document is.

                      2. Where any person is required to supply any information under this section, and does so by producing a document containing that information, the powers conferred by subsection (2) shall apply in all respects to that document.

                      3. Any person who is required to attend before the Director under this section, shall, before being required to comply with any requirements imposed under this section, be given a reasonable opportunity to arrange for a barrister or solicitor to accompany him or her.

                      4. Section 18 shall apply to any notice given under this section.