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Serious Fraud Office Act 1990

General provisions relating to warrants and exercise of powers under Parts 1 and 2 - Miscellaneous provisions

28: Admissibility of self-incriminating statements

You could also call this:

"What happens if you say something that could be used against you in court?"

Illustration for Serious Fraud Office Act 1990

You make a statement that could be used against you when you answer questions or give information as required by section 5 or section 9. This statement can be used as evidence against you only if you give different evidence later. You give different evidence when you say something that does not match what you said earlier. You refuse or fail to answer questions or give information as required. This refusal or failure can be used as evidence against you if you are prosecuted under section 45(d). You answer questions in a way that is false or misleading. You give false or misleading information, or produce false documents. This can be used as evidence against you if you are prosecuted under section 45(e). These actions can be used against you in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211461.

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Part 3General provisions relating to warrants and exercise of powers under Parts 1 and 2
Miscellaneous provisions

28Admissibility of self-incriminating statements

  1. A self-incriminating statement made orally by a person (whether or not the statement is recorded in writing) in the course of answering any question, or supplying any information, or producing any document, or providing any explanation, as required pursuant to section 5 or section 9, may be used in evidence against that person only in a prosecution for an offence where the person gives evidence inconsistent with the statement.

  2. Notwithstanding subsection (1), any statement made in relation to—

  3. a refusal or failure to answer any question, supply any information, produce any document, provide any explanation, or comply with any other requirement may be used in evidence against that person in any prosecution for any offence under section 45(d) arising from that refusal or failure:
    1. the answering of any question in a way that is false or misleading in a material particular, or the supply of any information, or the production of any document, or the providing of any explanation that is false or misleading in a material particular, may be used in evidence against that person in any prosecution for any offence under section 45(e) arising from that act.