An Evaluation of the Effectiveness of the Legislative Provisions Relevant to the New Zealand Serious Fraud Office’s Objectives

Abstract

This thesis critically examines the effects that a changing operating environment has had on the effectiveness of the legislative provisions relevant to the Serious Fraud Office’s (SFO) objectives, namely the detection, investigation and prosecution of serious financial crime. The significant changes to the SFO’s operating environment that were absent or nascent at the time of the SFO’s inception include the global increase in serious financial crime and the exacerbation of this form of offending through technological advancements. Moreover, another relevant change is that the SFO is now considered New Zealand’s lead law enforcement agency for combating bribery and corruption offending. The SFO’s statutory regime has not previously been the subject of a targeted analysis in relation to the ability of the legislative provisions to keep pace with these fundamental changes. The importance of this analysis is made more evident when considering that the SFO’s primary legislation, the Serious Fraud Office Act 1990, remains (in substance) in its original form since its enactment 30 years ago. Accordingly, this thesis aims to address this gap in the literature by subjecting the SFO’s current statutory regime to a robust analysis to determine if it is supporting the SFO to meet its objectives in its changing operating environment. Critically, the research highlights and exposes the gaps and vulnerabilities in the SFO’s current legislative regime. This thesis proposes solutions to address the identified ineffectiveness of the statutory regime in order to generate support for legislative reform. Ultimately, this thesis emphasises the significance of the SFO’s role in achieving the objectives stipulated by the government in relation to the disruption of serious financial crime and the related importance of ensuring the SFO is supported in this pursuit by an effective legislative regime.