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How to report a scam or fraud to the NZ Police

Key Takeaway

Reporting a scam or fraud to the New Zealand Police initiates an investigation under the Crimes Act 1961, covering offences like obtaining by deception or theft. The Police's role is to detect offenders and maintain law and order. Victims have rights under the Victims Rights Act 2002, including receiving information about the investigation and available support.

Reporting Scams and Fraud to the NZ Police

Fraud and scams are general terms for acts of deception carried out to gain a benefit or cause a loss to another person. In New Zealand law, these acts can constitute various criminal offences under the Crimes Act 1961. Reporting such incidents to the New Zealand Police is the primary step to initiate an official investigation.

What Constitutes Fraud or a Scam in NZ Law?

New Zealand legislation does not define "scam" or "fraud" as specific standalone offences, but rather categorises various deceptive acts as criminal offences. The most common offences applicable to scams and fraud include:

  • Obtaining by Deception: A person commits the offence of obtaining by deception if they obtain any property, service, pecuniary advantage (a financial benefit), or valuable consideration (something of value given in exchange for a promise or service) by any deception, without claim of right, and with intent to defraud [Source: Crimes Act 1961, s 240(1)]. Deception includes any false representation, whether oral, in writing, or by conduct, about a matter of fact or law, or about a person's intention [Source: Crimes Act 1961, s 240(2)].
  • Theft: This offence involves dishonestly taking any property without claim of right, with intent to deprive the owner permanently of that property or any interest in it [Source: Crimes Act 1961, s 220(1)]. Some scams might involve elements of theft if property is directly taken through a deceptive act.
  • Identity Information Crime: It is an offence to dishonestly take, use, or deal with any identity information (e.g., name, date of birth, address, driver's licence number) about another person with intent to facilitate the commission of an offence [Source: Crimes Act 1961, s 261A(1)].
  • False Accounting: Offences can include making or altering an account or any document required for accounting purposes with intent to defraud [Source: Crimes Act 1961, s 256].

The Role of the New Zealand Police

The New Zealand Police's principal functions include maintaining law and order, preventing crime, detecting offenders, and protecting life and property [Source: Policing Act 2008, s 9(a)-(c)]. When a scam or fraud is reported, the police have the power to investigate the alleged offence [Source: Policing Act 2008, s 9]. This investigation may involve gathering evidence, interviewing witnesses, and identifying suspects.

Reporting a Scam or Fraud to the Police

Reporting a scam or fraud to the New Zealand Police enables them to initiate an investigation into the potential criminal act [Source: Policing Act 2008, s 9]. While there is no general statutory obligation for individuals to report every crime they are a victim of, reporting provides the necessary information for the police to exercise their functions of detecting offenders and maintaining law and order [Source: Policing Act 2008, s 9].

Victims' Rights

Individuals who have suffered harm as a result of an offence are considered victims under the Victims Rights Act 2002 [Source: Victims Rights Act 2002, s 4]. As a victim of a scam or fraud, several rights are afforded:

  • Right to Information: Victims have the right to receive information about the investigation and prosecution of the offence, unless there are overriding public interest reasons not to disclose it [Source: Victims Rights Act 2002, s 8(1)(a)]. This includes information about the progress of the investigation and any decisions made regarding prosecution.
  • Right to Services: Victims have the right to be informed about services available to them, such as those provided by Victim Support [Source: Victims Rights Act 2002, s 10].
  • Right to Make a Victim Impact Statement: If a person is charged and convicted for an offence against the victim, the victim has the right to make a victim impact statement. This statement describes the harm or loss suffered as a result of the offence and is considered by the court during sentencing [Source: Victims Rights Act 2002, s 19].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific legal position, the implications of reporting a fraud, or options for civil recovery should consider obtaining independent legal advice. Information on legal rights and processes can also be obtained from Community Law Centres throughout New Zealand, which offer free legal services.

Key Resources