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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

22: Effect of final decision that exercise of powers unlawful

You could also call this:

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

Illustration for Serious Fraud Office Act 1990

If a court decides that the Serious Fraud Office did something unlawful when using its powers, the Director must take action. You need to know that the Director will make sure any information obtained unlawfully is destroyed. This includes any records of that information. The Director will also return any documents or things taken unlawfully to the person they belonged to, and destroy any copies. If the court decides, it can order that some information or documents are not destroyed, but instead returned to the person they came from. Alternatively, the Serious Fraud Office can keep them, but only if the court says so and under certain conditions. If the court says the Serious Fraud Office got information or documents unlawfully, they cannot be used as evidence in court unless the court is sure it was fair to get that evidence. The court that decided the Serious Fraud Office acted unlawfully must be satisfied there was no unfairness in getting the evidence, or it cannot be used when the Serious Fraud Office is using its powers. You can find similar rules in the Public Finance Act 1986 and other laws, such as section 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211452.

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21: Effect of proceedings, or

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

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23: Act to apply to persons with duty of confidentiality to clients, or

"Law applies to people who keep client secrets"

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

22Effect of final decision that exercise of powers unlawful

  1. In any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred by this Act, that the exercise of any powers conferred by this Act is unlawful, to the extent to which the exercise of those powers is declared unlawful the Director shall ensure that forthwith after the decision of the court is given—

  2. any information obtained pursuant to the exercise of powers declared to be unlawful, and any record of such information, is destroyed:
    1. any documents, or extracts from documents, or other things removed pursuant to the exercise of powers declared to be unlawful are returned to the person previously having possession of them, or previously having them under his or her control, and any copies of such documents or extracts are destroyed:
      1. any information derived from or based upon such information, documents, extracts, or things is destroyed.

        1. Notwithstanding subsection (1), the court may, in the court's discretion, order that any information, record, or copy of any document or extract may, instead of being destroyed,—

        2. be returned to the person from whom it was obtained; or
          1. be retained by the Serious Fraud Office subject to such terms and conditions as the court may impose.

            1. No information obtained, and no documents or extracts from documents or other things removed, pursuant to the exercise of any powers declared to be unlawful, and no record of any such information or documents, shall be—

            2. admissible as evidence in any proceedings unless the court hearing the proceedings in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
              1. used in connection with the exercise of any power conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.

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