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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 destroy or hide 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. You could go to prison for up to 2 years or get a fine of up to $50,000. This happens if you do it on purpose to stop the Serious Fraud Office from doing their job. If you are charged with this offence, you have to prove you did not do it to stop the investigation. You can get in trouble if you send records out of New Zealand to stop the investigation. The Serious Fraud Office has the power to investigate under the Serious Fraud Office Act 1990. You have to follow the rules and not destroy or alter records. This is to help the Serious Fraud Office do their job properly. You must tell the truth and not hide anything.

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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=DLM211488.

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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).