Plain language law

New Zealand law explained for everyone

Serious Fraud Office Act 1990

Miscellaneous provisions - Miscellaneous offences and penalties

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

You could also call this:

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

Illustration for Serious Fraud Office Act 1990

You can get in trouble if you destroy or alter records to stop the Serious Fraud Office from investigating. This can include hiding or sending records out of New Zealand. You could go to prison for up to 2 years or get a fine of up to $50,000. If you are charged with this offence, you have to prove you did not do it to stop the Serious Fraud Office. You must show you did not destroy, alter, or send records out of New Zealand to avoid an investigation. This is according to the Serious Fraud Office Act 1990. If you send records out of New Zealand or hide them, you might be in trouble. You have to follow the law and not try to stop the Serious Fraud Office from doing their job. This law is in place to help keep people honest and make sure they do not try to cheat or deceive others.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211488.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal lawMoney and consumer rights > Consumer protection
Previous

45: Offence to obstruct investigation, etc, or

""

Next

47: Offence to resist search, or

"It's an offence to stop or delay someone searching with a warrant"

Part 4Miscellaneous provisions
Miscellaneous offences and penalties

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

  1. Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $50,000, who, with intent to defeat any investigation being carried out or likely to be carried out by the Serious Fraud Office, or with intent to prevent the Serious Fraud Office exercising any power under this Act,—

  2. destroys, alters, or conceals any book, document, or record; or
    1. sends any book, document, or record out of New Zealand.

      1. If, in any prosecution for any such alleged offence, it is proved that the person charged with the offence has—

      2. destroyed, altered, or concealed any book, document, or record; or
        1. sent any book, document, or record out of New Zealand,—
            1. the onus of proving that in so doing that person had not acted in contravention of this section shall lie on that person.

          Compare
          Notes
          • Section 46(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).