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Serious Fraud Office Act 1990

Miscellaneous provisions - Miscellaneous offences and penalties

45: Offence to obstruct investigation, etc

You could also call this:

"Don't Stop the Serious Fraud Office from Doing Their Job"

Illustration for Serious Fraud Office Act 1990

You can get in trouble if you stop the Serious Fraud Office from doing their job. If you are a person, you can go to prison for up to 12 months or pay a fine of up to $15,000. If you are a company, you can pay a fine of up to $40,000. You must not stop the Serious Fraud Office from doing their job as stated in section 9. You must also do what they ask, like answer questions, give information, or show documents, as required by section 9. You must tell the truth when answering questions or giving information, and not give false or misleading answers, especially when following section 5 or section 9.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211487.

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44: Persons ceasing to be members of Serious Fraud Office under continuing obligation of secrecy, or

"Leaving the Serious Fraud Office: Keeping Secrets"

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46: Offence to destroy, alter, or conceal records, etc, or

"Don't destroy or hide records to stop the Serious Fraud Office investigating"

Part 4Miscellaneous provisions
Miscellaneous offences and penalties

45Offence to obstruct investigation, etc

  1. Every person commits an offence, and is liable on conviction,—

  2. in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000:
    1. in the case of a corporation, to a fine not exceeding $40,000,—
        1. who,—
      1. without lawful justification or excuse, resists, obstructs, or delays any member of the Serious Fraud Office in the exercise of any power conferred by section 9; or
        1. without lawful justification or excuse, refuses or fails to—as required pursuant to the exercise of any power conferred by section 9; or
          1. attend before the Director; or
            1. answer any question; or
              1. supply any information; or
                1. produce any document; or
                  1. provide any explanation; or
                    1. comply with any other requirement,—
                    2. in the course of complying with any requirement imposed pursuant to section 5 or section 9, gives an answer to any question, or supplies any information, or produces any document, or provides any explanation, knowing that it is false or misleading in a material particular or being reckless as to whether it is so false or misleading.

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                      Notes
                      • Section 45: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).