SFO response to Court of Appeal Decision
Following a pre-trial judgment of the Court of Appeal, the Crown has decided not to proceed further with the prosecution and had the court dismiss the charges against Roger Pikia.
In late 2020 the Serious Fraud Office (SFO) filed fraud charges against Mr Pikia in relation to his role as chairman of Te Arawa River Iwi Trust (TARIT) and its investment company THL Limited (THL).
As part of the prosecution process, applications were filed before the trial to determine the admissibility of evidence obtained under the SFO’s search powers. The High Court found that some evidence was not admissible; however, there remained sufficient evidence to continue with the prosecution against Mr Pikia.
Mr Pikia appealed the High Court’s decision to the Court of Appeal. In August 2024, the Court of Appeal, made further findings of inadmissibility. The SFO sought the Solicitor-General’s consent to seek leave to appeal the decision to the Supreme Court, which was declined. Upon review by the Crown of the effect of the Court of Appeal decision on this proceeding, it has decided that it can no longer reach the evidential threshold required to continue with the prosecution.
SFO Director Karen Chang says, “I stand by the original decision in 2020 to commence these proceedings given the collection of substantial evidence supporting multiple serious charges against the defendant during the SFO’s investigation. However, the effect of the recent Court of Appeal’s findings is that there now remains insufficient admissible evidence to justify proceeding further with this case. Under these circumstances, the Crown has made the appropriate decision.”
The SFO filed seven charges against Roger Pikia in late 2020, including Obtaining by deception; Corrupt acceptance of gift by an agent; Receiving a secret reward for procuring a contract; and Perverting the course of justice. The alleged offending took place between 2013 and 2016, and the SFO investigation was conducted between 2016 and 2020.
Ms Chang says, “The notice and warrant procedures referred to by the Court in its ruling were executed several years ago and do not represent SFO’s current practice. With the rapid advancement of technology and associated impact on the nature of evidence over the intervening years, the SFO has introduced significant changes to how we collect, review and disclose digital evidence. These changes have ensured we can appropriately utilise the Powers granted pursuant to our 1990 legislation in the modern digital environment.”
“As a result of these actions, we have been able to manage the impact of the Court’s judgment on our operational activities and active investigations. The SFO remains focused on tackling serious fraud and corruption, and we continue to prosecute and secure convictions.”
“We note the Court of Appeal’s observations about the currentness of the SFO Act, and we will support any efforts to modernise and enhance the SFO’s operational and legislative framework to ensure it continues to function effectively and appropriately in today’s complex digital and online environment.”
About the SFO
The SFO is responsible for investigating and prosecuting serious or complex fraud, including bribery and corruption in New Zealand. With a focus on maintaining integrity and trust in the financial system, the SFO has developed strategic areas of focus to ensure it has the greatest impact with the cases it takes in. These are reviewed and updated every 12-18 months. SFO Strategic Areas of Focus(external link)