Serious Fraud Office Act 1990

Miscellaneous provisions - Secrecy

40: Obligation to inform that protected information is secret

You could also call this:

"You must tell people to keep shared information secret."

Illustration for Serious Fraud Office Act 1990

When you share protected information under this Act, you must tell the person you are sharing it with that they have to keep it secret. You must also tell them that if they share the information, they will have to keep it secret too, as stated in section 41. If you knowingly break this rule, you can be fined up to $1,000.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211480.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

39: Secrecy of information protected under other Acts, or

"Keeping secret information from other laws"

41: Secrecy to be observed by other persons to whom protected information is disclosed under this Act, or

"Keep secrets: don't share protected information unless you're allowed to"

Part 4Miscellaneous provisions
Secrecy

40Obligation to inform that protected information is secret

Every person who discloses any protected information pursuant to this Act shall inform the recipient—
that the recipient is, in accordance with section 41, under an obligation to observe the strictest secrecy in relation to the information; and
that, if the recipient discloses the information pursuant to section 41, the recipient will be bound by the obligation that is imposed by paragraph (a).

Every person commits an offence, and is liable on conviction to a fine not exceeding $1,000, who knowingly contravenes this section.

Notes

Section 40(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).