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Serious Fraud Office Act 1990

General provisions relating to warrants and exercise of powers under Parts 1 and 2 - Challenge to exercise of Director's powers

21: Effect of proceedings

You could also call this:

"Court cases don't stop the law from being used until a final decision is made."

Illustration for Serious Fraud Office Act 1990

If you start a court case about a power or duty under this Act, it does not stop the power or duty from being used until a final decision is made. You still have to follow the rules in this Act, even if a court case is happening. The law says this rule applies even if other laws or rules say something different. When the law talks about a "final decision", it does not include a decision about an interim order under section 15 of the Judicial Review Procedure Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211450.

Topics:
Crime and justice > Courts and legal help
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20: Review of Director's decisions, or

"Checking the Boss's Decisions"

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22: Effect of final decision that exercise of powers unlawful, or

"What happens if the Serious Fraud Office breaks the law when using its powers?"

Part 3General provisions relating to warrants and exercise of powers under Parts 1 and 2
Challenge to exercise of Director's powers

21Effect of proceedings

  1. Where any person commences any proceedings in any court in respect of—

  2. the exercise of any power conferred by this Act; or
    1. the discharge of any duty imposed by this Act,—
        1. until a final decision in relation to those proceedings is given, the power or duty may be, or may continue to be, exercised or discharged as if no such proceedings had been commenced, and no person shall be excused from fulfilling any obligation under this Act by reason of those proceedings.

      1. This section shall apply notwithstanding any other provision of any Act or rule of law or equity.

      2. The expression final decision in subsection (1) does not include a decision in proceedings for an interim order under section 15 of the Judicial Review Procedure Act 2016.

      Compare
      Notes
      • Section 21(3): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).