The law passed its first reading in parliament yesterday
New legislation grants the Serious Fraud Office (SFO) powers to secure needed digital and cloud-based evidence in fraud cases.
The bill passed its first reading in parliament yesterday 30 April. It also authorises the SFO to file oral applications for search warrants and to oversee their own search sites, limiting interference during investigations from impacted parties.
Moreover, the law amends evidence admissibility provisions, facilitating the application of a modern and widespread Evidence Act 2006 test to determine whether unlawfully obtained evidence is admissible in court. It clarifies the ability of police to apply their usual powers under the Search and Surveillance Act 2012 when they help the SFO execute warrants.
Justice minister Paul Goldsmith explained that the law needed to adapt to technological progress and advances in fraud techniques.
“It’s estimated fraud in New Zealand results in billions of dollars in losses each year, and causes untold harm to countless hardworking New Zealanders and businesses. We know the scale and complexity of fraud is increasing. It challenges the ability of law enforcement to investigate and prosecute the fraudsters who commit these serious crimes”, justice minister Paul Goldsmith said.
Police minister Mark Mitchell added that law enforcement agencies must be given tools to hold fraud criminals accountable.
“Currently, the SFO can experience difficulties obtaining all electronic evidence, applying for warrant when under time-pressure, and managing their own search scenes. We need to ensure there is no red tape preventing the SFO from doing their job and protecting New Zealanders”, he said.
