Serious Fraud Office (New Zealand) Explained

Agencyname:Serious Fraud Office
Nativename:Te Tari Hara Tāware
Abbreviation:SFO
Logocaption:Logo of Serious Fraud Office
Formedyear:1990
Budget: (Total budget for 2019/20)[1]
Country:New Zealand
Constitution1:Serious Fraud Office Act 1990
Speciality1:fraud
Speciality2:corruption
Headquarters:Level 8,
188 Quay Street,
Auckland
AUCKLAND 1010 [2]
Minister1name:Hon Mark Mitchell
Minister1pfo:Minister of Police
Chief1name:Karen Chang
Chief1position:chief executive and director

The Serious Fraud Office (SFO; Māori: Te Tari Hara Tāware) is the public service department of New Zealand charged with detecting, investigating and prosecuting financial crimes, including corruption, of a serious and complex nature.

The SFO is New Zealand's lead law enforcement agency for investigating and prosecuting serious financial crime, including bribery and corruption. The Auckland-based agency has about 50 employees of which 90 percent perform front-line activities. It has statutory independence as operational decisions are made without ministerial direction. The agency is based upon its UK counterpart as established by the Serious Fraud Office Act 1990.[3] The SFO was established as a response to the collapse of the capital markets following the stock market crash in 1987.

Investigation procedures

Suspects questioned by the SFO have no right to silence and must answer questions and produce requested evidence, even if it incriminates them. However, evidence at an interview cannot be used against a suspect at his or her trial, unless he or she gives evidence which contradicts their SFO interview. Witnesses can also be required to answer questions under compulsion. Such interviews enable people with confidentiality agreements with clients to speak freely to the SFO without fear of retribution from their clients. These provisions do not override legal professional privilege.[4] Anyone who refuses to comply can be prosecuted and could be fined or jailed. Prosecutions are extremely rare and no one has been jailed for this offence.[5]

SFO directors

Since it was established in 1990, the Serious Fraud Office has had six directors. The following is a complete list:[6]

NamePortraitTerm of office
align=center 1Charles Sturt1990–1997
align=center 2David Bradshaw1997–2007
align=center 3Grant Liddell2007–2009
align=center 4Adam Feeley2009–2012
align=center 5Julie Read2013–2022
align=center 6Karen Chang2022–present

SFO cases

Bryan Bruce's 1995 documentary, Serious Fraud,[8] examined the SFO's investigations into white collar crime within New Zealand, and focused on three cases: Allan Hawkins,[9] Roger Curtis and Patrick Renshaw.[10]

Proposal to replace the SFO

The Labour government announced in September 2007 that the SFO would be replaced by a new Organised Crime Agency.[11]

However, the bill to disband the SFO was delayed by the 2008 general election, and the new Prime Minister John Key informed Parliament that the SFO would not be disbanded.[12]

See also

Notes and References

  1. Web site: Total Appropriations for Each Vote. Budget 2019. 30 May 2019. The Treasury.
  2. Web site: SFO Contact Details .
  3. Web site: Serious Fraud Office Act 1990. New Zealand Legislation. Parliamentary Counsel Office.
  4. SFO Act s.27
  5. SFO Act s.45
  6. Web site: History . Serious Fraud Office . 4 September 2022.
  7. Web site: Allan Hawkins, 2007.
  8. Web site: SERIOUS FRAUD . 2023-12-10 . www.ngataonga.org.nz . en-NZ.
  9. Web site: Equiticorp chiefs found guilty of fraud - UPI Archives . 2023-12-10 . UPI . en.
  10. Web site: 2015-08-18 . Disgraced former lawyer Patrick Renshaw pleads guilty to tax charges . 2023-12-10 . Stuff . en.
  11. News: SFO to be scrapped in favour of new Organised Crime Agency . The New Zealand Herald . Newstalk ZB . 2007-09-11 . 2010-10-21 .
  12. News: Serious Fraud Office saved from axe . Stuff.co.nz . Farifax . NZPA . 2008-12-10 . 2010-10-21 .