Serious Fraud Office Amendment Bill
I just have a quick question on the commencement date. The Act comes into force the day after Royal assent; presumably it’s because, based on what we see with Crown and Pikia, that this is something that the Serious Fraud Office (SFO), I’m assuming, already has the capacity in doing. However, the question I have is: does SFO actually have to the capacity to implement this right away, considering we have seen, for example, some cuts to SFO and there’s been talks of mergers, etc., as a part of the broader changes? So that’s, essentially, my question: does SFO have the capacity to undertake this now?
Yeah, thank you, Madam Chair. I think that’s a good question. But, look, to the first part of the question is that the reality of it was the Pikia case highlighted the fact that the Serious Fraud Office (SFO) didn’t have the legislation—like we were saying, it’s over 30 years old—and so the court ruled that some of the warrants and the notices were unlawful.
The SFO didn’t continue to operate in an unlawful way; they took notice of what the court ruling was and they had to change the way they were doing their work, but it made their work much more difficult. That’s why we’ve got this bill coming through the House now. The SFO have been working on this, they’ve been aware that it’s coming, and so they’ve been getting ready to operationalise and understand exactly what the new powers are and how they’re going to use them.
💬 Hon Dr Duncan Webb: Are you going to be able to respond on the retrospectivity point?
Well, the legislation is not retrospective, no.
💬 Hon Dr Duncan Webb: So it’s not intended to be retrospective?
No.
Clause 1 agreed to.
Clause 2 agreed to.
Bill to be reported without amendment.
House resumed.
CHAIRPERSON (Barbara Kuriger): Mr Speaker, the committee has considered the Serious Fraud Office Amendment Bill and reports it without amendment. I move, That the report be adopted.
Motion agreed to.
Report adopted.
ASSISTANT SPEAKER (Teanau Tuiono): This bill is set down for third reading immediately.
Third Reading
🗣️ Spoke in this debate (2)
- Hon Mark Mitchell (New Zealand National Party — Member for Whangaparāoa)
- Dr Lawrence Xu-Nan (Green Party of Aotearoa / New Zealand — List Member)