Serious Fraud Office Amendment Bill

Serious Fraud Office Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Serious Fraud Office Amendment Bill (the Bill ) contributes to the overall Government priority of restoring law and order by ensuring that law enforcement has the necessary tools to address crime. The Serious Fraud Office Act 1990 (the SFO Act ) provides the Serious Fraud Office ( SFO ) with powers to investigate and prosecute serious or complex fraud. The Bill is intended to ensure that the SFO can more effectively carry out its role by updating specific provisions. The Bill aims to address the most pressing issues with the Act in 2 areas. The changes introduced by this Bill will enable the SFO to obtain necessary digital evidence, more efficiently obtain search warrants, and better manage search sites. This will ensure more effective investigations. Amendments will bring the SFO Act into closer alignment with the more up-to-date provisions in the Search and Surveillance Act 2012. The amendments to search warrant provisions do not change the existing notice-making powers. The changes introduced by this Bill will enable the Courts to apply the more modern evidence test to determine the admissibility of unlawfully obtained evidence. This will ensure a wider range of factors are considered, resulting in a more balanced approach to what evidence can be included in a prosecution. The test includes factors such as the quality of the evidence, the seriousness of the offence, and whether urgency or safety was a factor in how the evidence was obtained. Amendments will bring the SFO Act into alignment with the up-to-date and widely applied provisions in the Evidence Act 2006. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=281 REGULATORY IMPACT STATEMENT The Ministry of Justice produced a regulatory impact statement on 22 October 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. A copy of this regulatory impact statement can be found at— https://www.justice.govt.nz/justice-sector-policy/regulatory-stewardship/regulatory-impact-assessments/ https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is a commencement clause, and provides that the Bill comes into force on the day after Royal assent. PRINCIPAL ACT AMENDED Clause 3 provides that Part 1 amends the Serious Fraud Office Act 1990 (the principal Act ). Clause 4 amends section 2 of the principal Act to insert new definitions. Those new definitions are consistent with their equivalents in the Search and Surveillance Act 2012. Clause 5 inserts new section 3A into the principal Act. New section 3A provides for the transitional, savings, and related provisions set out in new Schedule 1 of the principal Act to have effect according to their terms. Clause 6 amends section 10 of the principal Act to— provide that an issuing officer (within the meaning of section 3(1) of the Search and Surveillance Act 2012) may issue a warrant under section 10 of the principal Act: extend the ambit of section 10 of the principal Act to include searches of things as well as searches of places: provide that the Director of the Serious Fraud Office (the Director ) may, on application in writing, apply for a warrant to search any place or other thing specified in the application: set out the particulars that must be included in an application for a warrant: provide that an issuing officer may require the Director to supply further information concerning the grounds on which the search warrant is sought, but must not require the Director to disclose identifying details of an informant unless, and only to the extent that, the information is necessary for the issuing officer to assess the credibility of the informant or whether there is a proper basis for issuing the warrant: provide that the Director must disclose in the application any details of any other application for a search warrant that the Director knows to have been made within the previous 3 months in respect of the place or other thing proposed to be searched, and the result of that application or those applications: set out the circumstances in which an issuing officer may allow an application for a search warrant to be made orally or by personal appearance: provide that a warrant intended to authorise a remote access search must contain, in reasonable detail, the access information that identifies the thing to be searched remotely. Clause 7 replaces section 12 of the principal Act with new sections 12 to 12F . New section 12 sets out the effect of warrants issued under Part 1 of the principal Act. It carries over the effect of warrants issued under the principal Act as it is at the time this Bill is introduced, but only to warrants issued under Part 1. New sections 12A to 12F relate to warrants issued under Part 2 of the principal Act. New section 12A is an amalgamation of the effect of warrants issued under section 12 of the principal Act at the time this Bill is introduced and some of the search powers contained in section 110 of the Search and Surveillance Act 2012. It applies to a person (other than a constable) executing a warrant issued under Part 2 of the principal Act. New section 12B is modelled on section 111 of the Search and Surveillance Act 2012 and provides that a person (other than a constable) executing a warrant issued under Part 2 of the principal Act authorising a remote access search may use reasonable measures to gain access to the thing to be searched, and if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods). New section 12C is modelled on section 113 of the Search and Surveillance Act 2012. It— provides that a person (other than a constable) called on to assist a person (other than a constable) exercising a warrant issued under Part 2 of the principal Act is subject to the control of the person with overall responsibility for exercising that warrant; and sets out the powers of a person (other than a constable) called on to assist a person exercising a warrant issued under Part 2 of the principal Act. New section 12D is modelled on section 116 of the Search and Surveillance Act 2012 and sets out the powers and obligations of a person (other than a constable) executing a warrant issued under Part 2 of the principal Act in relation to the securing of any place or other thing to be searched. New section 12E provides that the provisions of Part 4 of the Search and Surveillance Act 2012 apply to a constable executing, or assisting in the execution of, a warrant issued under Part 2 of the principal Act. New section 12F provides that, for the avoidance of doubt, the powers conferred by new sections 12A(1)(c) and 12C(2)(b) do not authorise the application of force to any person. Clause 8 amends section 22 of the principal Act to align the approach to admissibility of evidence in criminal proceedings taken under the principal Act with the general approach to admissibility of evidence in criminal proceedings under the Evidence Act 2006. Clause 9 inserts new Schedule 1 into the principal Act. Schedule 1 sets out new Schedule 1 of the principal Act. New Schedule 1 contains transitional, savings, and related provisions. Part 1 of new Schedule 1 provides that the amendments to section 22 of the principal Act as contained in clause 8 of the Bill do not apply to any criminal proceedings that have commenced (within the meaning of section 14 of the Criminal Procedure Act 2011) prior to the commencement of the Bill. AMENDMENTS TO OTHER ENACTMENTS AMENDMENT TO SEARCH AND SURVEILLANCE ACT 2012 Clauses 10 and 11 amend Schedule 2 of the Search and Surveillance Act 2012 to provide that a constable executing a warrant under section 10 of the principal Act has the powers in Part 4 of the Search and Surveillance Act 2012 in relation to the execution of that warrant. AMENDMENT TO SERIOUS FRAUD OFFICE (PRESCRIBED FORMS) REGULATIONS 1990 Clauses 12 and 13 amend the Serious Fraud Office (Prescribed Forms) Regulations 1990 to replace form 4 with the new form 4 set out in Schedule 2 of the Bill. Schedule 2 sets out new form 4 of the Serious Fraud Office (Prescribed Forms) Regulations 1990. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Serious Fraud Office Amendment Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Principal Act This Part amends the Serious Fraud Office Act 1990. 4 Section 2 amended (Interpretation) In section 2, insert in their appropriate alphabetical order: access , in relation to a computer system, means to instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system access information includes codes, passwords, encryption keys, and any related information that enables access to a computer system or any other data storage device computer system — a means— i a computer; or ii 2 or more interconnected computers; or iii any communication links between computers or to remote terminals or another device; or iv 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and b includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data issuing officer has the same meaning as in section 3(1) of the Search and Surveillance Act 2012 remote access search means a search of a thing such as an internet data storage facility that does not have a physical address that a person can enter and search thing includes an intangible thing (for example, an email address or access information to an internet data storage facility) In section 2, insert as subsection (2): 2 For the purposes of the definition of computer system in subsection (1) , a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer— a with or without access information; and b whether or not either or both computers are currently turned on; and c whether or not access is currently occurring. 5 New section 3A inserted (Transitional, savings, and related provisions) After section 3, insert: 3A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 6 Section 10 amended (Power to obtain search warrant) Replace section 10(1) with: 1 The Director may, by application in writing, apply for a warrant to search any place or other thing specified in the application. 1A An application for a warrant must contain, in reasonable detail, the following particulars: a the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed by the Director to be satisfied): b the address or another description of the place or other thing proposed to be entered, or entered and searched, inspected, or examined: c a description of the item or items or other evidential material believed to be in or on the place or other thing that are sought by the Director. 1B The issuing officer— a may require the Director to supply further information concerning the grounds on which the search warrant is sought; but b must not, in any circumstances, require the Director to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the issuing officer to assess either or both of the following: i the credibility of the informant: ii whether there is a proper basis for issuing the warrant. 1C The Director must disclose in the application— a details of any other application for a search warrant that the Director knows to have been made within the previous 3 months in respect of the place or other thing proposed to be searched; and b the result of that application or those applications. 1D However, an issuing officer may allow an application for a search warrant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application (including any required material) in writing if— a the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and b the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral communication or a personal appearance. In section 10(2), replace Judge with issuing officer . In section 10(2)(b), after place , insert or in or on the other thing . Replace section 10(3) with: 3 Part 3 applies to any warrant issued under this section. 4 If the warrant is intended to authorise a remote access search, the warrant must contain, in reasonable detail, any access information that identifies the thing to be searched remotely. 7 Section 12 and cross-heading replaced Replace section 12 and the cross-heading above section 12 with: Provision relating to warrants issued under Part 1 12 Effect of warrant issued under Part 1 1 Every warrant issued under Part 1 authorises the person exercising the warrant— a to enter and search the place specified in the warrant on 1 occasion within 14 days of the issue of the warrant at any time that is reasonable in the circumstances: b to use any assistance that is reasonable in the circumstances: c to use any force both for gaining entry and for breaking open anything in or on the place searched that is reasonable in the circumstances: d to search for and remove any documents or other thing that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud: e where necessary, to take copies of any documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant to the investigation: f where necessary, to require any person to reproduce, or to assist any person executing the warrant to reproduce, in usable form, any information recorded or stored in any such documents. 2 Every person called upon to assist the person or persons executing the warrant has the powers contained in subsection (1)(c) and (d) . 3 Any warrant issued under Part 1 is subject to any reasonable conditions that the issuer specifies in the warrant. Provisions relating to warrants issued under Part 2 12A Effect of warrant issued under Part 2 1 Every warrant issued under Part 2 authorises the person (other than a constable) exercising the warrant— a to enter and search the place or other thing specified in the warrant on 1 occasion within 14 days of the issue of the warrant at any time that is reasonable in the circumstances: b to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi): c to use any force both for gaining entry and for breaking open anything in or on the place or other thing searched that is reasonable in the circumstances: d to search for and remove any documents or other thing that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud: e to bring and use in or on the place or other thing searched any equipment, to use any equipment found in or on the place or other thing, and to extract any electricity from the place or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purpose of carrying out the entry and search: f to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place or other thing if any intangible material that is the subject of the search may be in that computer system or other device: g if any intangible material accessed under paragraph (f) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination): h where necessary, to take copies of any documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant to the investigation: i where necessary, to require any person to reproduce, or to assist any person executing the warrant to reproduce, in usable form, any information recorded or stored in any such documents. 2 Any warrant issued under Part 2 is subject to any reasonable conditions that the issuer specifies in the warrant. 12B Remote access search of thing authorised by warrant issued under Part 2 Every person (other than a constable) executing a warrant issued under Part 2 authorising a remote access search may— a use reasonable measures to gain access to the thing to be searched; and b if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods). 12C Powers of person called to assist 1 Every person (other than a constable) called on to assist a person (other than a constable) exercising a warrant issued under Part 2 is subject to the control of the person with overall responsibility for exercising that warrant. 2 Every person (other than a constable) called on to assist a person exercising a warrant issued under Part 2 may— a enter and search the place or other thing specified in the warrant: b while under the direction of the person exercising the warrant, use reasonable force in respect of any property for the purpose of carrying out the entry and search and any lawful seizure: c search for and remove any documents or other things that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud: d use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place or other thing if any intangible material that is the subject of the search may be in that computer system or other device: e if any intangible material accessed under paragraph (d) is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination). 3 Every person (other than a constable) called on to assist a person (other than a constable) executing a warrant issued under Part 2 authorising a remote access search may— a use reasonable measures to gain access to the thing to be searched; and b if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods). 12D Securing place or other thing to be searched 1 Every person (other than a constable) executing a warrant issued under Part 2 may, in a manner and for a duration that is reasonable for the purpose of executing the warrant,— a secure the place or other thing searched, any area in or on that place or other thing, or any thing found in or on that place or other thing: b exclude any person from the place or other thing searched, or from any area within the place or other thing, or give any other reasonable direction to such a person, if the person executing the warrant has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection. 2 A person (other than a constable) who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,— a identify themselves either by name or by unique identifier; and b identify this Act and state the reason for the search unless it is impracticable to do so in the circumstances; and c if not in Police uniform, produce evidence of his or her identity. 12E Powers of constable executing, or assisting in execution of, warrant issued under Part 2 The provisions of Part 4 of the Search and Surveillance Act 2012 apply to a constable who is executing a warrant issued under Part 2, or assisting in the execution of a warrant issued under Part 2, with any references to the exercise of a search power deemed to refer to the execution of a warrant issued under Part 2. 12F Limitation on exercise of powers To avoid doubt, the powers conferred by sections 12A(1)(c) and 12C(2)(b) do not authorise the application of force to any person. General provisions relating to warrants 8 Section 22 amended (Effect of final decision that exercise of powers unlawful) Replace section 22(3) with: 3 No information, and no documents or extracts from documents, or other things, obtained as a consequence of the exercise of any powers conferred by this Act that have been declared to be unlawful, and no record of any such information or document,— a are admissible as evidence in any criminal proceedings if the evidence is excluded under section 30 of the Evidence Act 2006: b may otherwise be used in connection with the exercise of any power conferred by this Act unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence. 9 New Schedule 1 inserted Insert the Schedule 1 set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act. 10 Principal Act amended This subpart amends the Search and Surveillance Act 2012. 11 Schedule 2 amended In Schedule 2, after the item relating to section 270 of the Sale and Supply of Alcohol Act 2012, insert: The following table is small in size and has 4 columns. This table amends Schedule 2 of the Search and Surveillance Act 2012 and should be read with table to provide understanding of the context. Serious Fraud Office Act 1990 10 Constable may obtain and execute warrant to search for and seize any evidential material in respect of offence involving serious or complex fraud All 12 Principal regulations amended This subpart amends the Serious Fraud Office (Prescribed Forms) Regulations 1990. 13 Schedule amended In the Schedule, replace form 4 with the form 4 set out in Schedule 2 of this Act. 1 New Schedule 1 inserted into Serious Fraud Office Act 1990 1 s 3A Transitional, savings, and related provisions 1 Provisions relating to Serious Fraud Office Amendment Act 2026 1 Interpretation In this Part,— Act means the Serious Fraud Office Act 1990 amendment Act means the Serious Fraud Office Amendment Act 2026 commencement means the commencement of the amendment Act. 2 Effect of commencement on existing criminal proceedings 1 This clause applies to any criminal proceedings that have commenced (within the meaning of section 14 of the Criminal Procedure Act 2011) before commencement. 2 Section 22(3) of this Act as it was immediately before commencement applies to those criminal proceedings. 1 Transitional, savings, and related provisions 2 Form 4 in Schedule of Serious Fraud Office (Prescribed Forms) Regulations 1990 replaced 4 r 6 Search warrant (Issued under section 10 of the Serious Fraud Office Act 1990) Investigation into the affairs of [ specify the person whose affairs are being investigated ] ( or investigation relating to [ specify suspected offence ]) To [ name of constable ] or every constable or [ name of designated member of Serious Fraud Office ] or every designated member of the Serious Fraud Office. 1 This warrant is issued following an application in writing by [ name of applicant ] in respect of [ place or other thing ]. 2 I, [ name of issuing officer ], am satisfied— a that there are reasonable grounds for believing— *(i) that information supplied pursuant to section 9 of the Act is false or misleading in a material particular; or *(ii) that [ name ] has failed to comply with an obligation imposed pursuant to section 9 of the Act; or *(iii) that it is not practicable to serve a notice under section 9 of the Act by reason of the fact that [ name ] cannot be located or is absent from New Zealand or other good cause; or *(iv) that the service of a notice under section 9 of the Act might seriously prejudice the investigation; and b that there are reasonable grounds for believing that there may be, at [ place or other thing ], any documents or other thing that may be relevant to an investigation or may be evidence of any offence involving serious or complex fraud. 3 This warrant authorises you (unless you are a constable)— a to enter and search [ place or other thing ] specified in the warrant on 1 occasion within 14 days of the issue of the warrant at any time that is reasonable in the circumstances: b to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi): c to use any force both for gaining entry and for breaking open anything in or on the place or thing searched that is reasonable in the circumstances: d to search for and remove any documents or other thing that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud: e to bring and use in or on the place or other thing searched any equipment, to use any equipment found in or on the place or other thing, and to extract any electricity from the place or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purpose of carrying out the entry and search: f to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place or other thing if any intangible material that is the subject of the search may be in that computer system or other device: g if any intangible material accessed under paragraph (f) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination): h where necessary, to take copies of any documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant to the investigation: i where necessary, to require any person to reproduce, or to assist any person executing the warrant to reproduce, in usable form, any information recorded or stored in any such documents. 4 If you are a constable executing this warrant or assisting in the execution of this warrant, the provisions of Part 4 of the Search and Surveillance Act 2012 apply with any references to the exercise of a search power deemed to refer to the execution of this warrant. 5 This warrant is subject to the following conditions [ specify any conditions imposed ]. Dated at: [ place, date ] [ Signature ] Issuing officer   *Omit this paragraph if not applicable.