Serious Fraud Office Act 1990

Miscellaneous provisions - Provisions relating to Public Service Act 2020 and other matters

30: Independence in matters relating to investigations

You could also call this:

"The Director of the Serious Fraud Office makes independent decisions about investigating serious fraud cases."

Illustration for Serious Fraud Office Act 1990

You need to know that the Director of the Serious Fraud Office is independent. When deciding to investigate a case of serious or complex fraud, the Director acts on their own. They do not have to answer to the Attorney-General in these matters, as stated in section 29. You should understand that the Attorney-General still has power over some proceedings. The Director's independence does not limit the Attorney-General's power. This means the Attorney-General can still make decisions about certain cases. The Director's independence is important for investigating serious or complex fraud. It helps ensure that cases are handled fairly and without interference. The law is in place to protect the independence of the Director in these matters.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211465.


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Part 4Miscellaneous provisions
Provisions relating to Public Service Act 2020 and other matters

30Independence in matters relating to investigations

  1. Notwithstanding section 29, in any matter relating to any decision to investigate any suspected case of serious or complex fraud, or to take proceedings relating to any such case or any offence against this Act, the Director shall not be responsible to the Attorney-General, but shall act independently.

  2. Nothing in this section shall limit or affect any power exercisable by the Attorney-General in relation to any proceedings.