Financial Markets Authority Act 2011

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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Other offences

61 Criminal liability for obstructing exercise of powers

(1)

Every person commits an offence who—

(a)

refuses or fails, without reasonable excuse, to comply with a notice under section 25; or

(b)

in purported compliance with a notice under section 25, supplies information, or produces a document, or gives evidence, knowing it to be false or misleading; or

(c)

resists, obstructs, or delays a person acting under a warrant issued under section 29; or

(d)

having been required under a notice under section 25(1)(d) to appear before the FMA or a specified person referred to in that paragraph, for the purposes of any matter, without reasonable excuse—

(i)

refuses or fails to appear; or

(ii)

refuses to take an oath or affirmation as a witness; or

(iii)

refuses to answer any question; or

(iv)

refuses or fails to provide any document or information that the person is required to provide; or

(e)

deceives or attempts to deceive or knowingly misleads the FMA or a specified person referred to in section 25(5) in providing evidence to either of them; or

(f)

wilfully acts in contravention of any order made by the FMA under section 44.

(2)

A body corporate commits an offence under subsection (1)(d) if it is required to appear under section 25(1)(d) and, without reasonable excuse, an authorised representative on its behalf refuses or fails to appear, refuses to take an oath or affirmation as a witness, refuses to answer any question, or refuses or fails to provide any document or information that the body corporate is required to provide.

(3)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $300,000.

Compare: 1978 No 103 s 59A

Section 61(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).