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Overseas Investment Agency v Choi [2020] NZDC 12235

Published 16 December 2024

Sentencing — obstructing the exercise of power — lying to Overseas Investment Office — false documentation — Overseas Investment Act 2005, s 44(1) — Crimes Act 1961 — Sentencing Act 2006 — Overseas Investment Office v Hur [2020] NZDC 2821 — R v Churchward CA439/05, 2 March 2006 — WorkSafe v Gerritson [2015] NZDC 25825 — Maritime New Zealand v Balomaga DC Tauranga CRI-2011-070-7734, 25 May 2012 — R v Briggs DC Auckland CRI-2008-004-19028, 26 August 2011 — R v Davidson HC Auckland CRI-2008-004-29179, 7 October 2011. The defendant appeared for sentencing on a charge of obstructing the exercise of power under the Overseas Investment Act. He was a solicitor who had tried to help one of his clients to obstruct an investigation by the Overseas Investment Office into an unlawful sale of sensitive land. The defendant had written a letter to the Office falsely stating that his client was not the beneficial owner of the land, and had also supported this claim by creating false documentation. The offending was aggravated by a deliberate attempt to deceive, abuse of the position of solicitor, and premeditation. In mitigation the defendant was of otherwise good character, had suffered a substantial fall from grace and had cooperated with the investigation. He also stood nothing to gain from the offending. The Court set a start point for fine of $140,000, and reductions for guilty plea and other mitigating factors meant a final fine of $60,250 plus court costs of $130 was imposed. Judgment Date: 25 June 2020