Summarised by Centrist
The Serious Fraud Office (SFO) faces criticism from the Court of Appeal for its misuse of powers in fraud investigations.
These findings caused the collapse of a high-profile fraud case against Māori trust chair Roger Pikia, which spanned nearly a decade.
Judges found the SFO’s data collection methods—targeting individuals, businesses, and even political figures—unlawful, calling them “unnecessary, unreasonable and oppressive.” The concerns put the future of its prosecutions in doubt.
The ruling exposed systemic overreach, with the court noting that the SFO collected more than a million documents, including irrelevant personal communications.
The SFO’s actions included demands for banking, travel, and phone records from Pikia, his partner, and unrelated individuals like Tainui leader Tukoroirangi Morgan. “This appears to have been a substantial and unjustified invasion of their privacy,” the judges stated.
They criticised the SFO for using Section 9 notices of its 1990 Act to compel the surrender of electronic devices, which the court ruled was beyond its legal authority.
The judges also condemned the SFO’s broad search warrants, describing them as indiscriminate “fishing expeditions” aimed at uncovering any wrongdoing, regardless of its relevance to the investigation. “This is the antithesis of the correct approach,” the judgment read, adding that Parliament never intended for Section 9 to enable such practices.
