As New Zealand business continue to operate across international boundaries, they increasingly need to consider and manage the threat of bribery and corruption. Our Forensic team can help you identify and manage your anti-bribery and corruption (ABC) risks.

Why ABC matters
Businesses need to act to prevent bribery and corruption to avoid the costs associated with a culture of corruption and to protect the strong reputation of New Zealand businesses.

A strong ABC framework helps to establish a positive culture of integrity and a reputation for ethical business practice which can provide a competitive advantage.

The increase in enforcement globally and the development of anti-corruption legislation means businesses must increasingly demonstrate compliance. Due to its complexities, this can be a challenging area for businesses to address. The penalties can be severe.

What should NZ businesses do? 
The offer of a bribe to domestic and foreign public officials by New Zealand individuals and entities is an offence in New Zealand no matter what country the offence takes place. If your organisation operates in multiple jurisdictions, uses third parties such as agents, or has a variety of ways in which goods and services can be procured – you could be vulnerable.

New Zealand significantly enhanced its ABC laws in November 2015 through amendments to the foreign bribery offence in the Crimes Act. In particular, the amendments mean that businesses are liable for the corruption acts of their employees or agents, unless they have taken reasonable steps to prevent it.

New Zealand businesses operating in the UK could also find themselves liable for prosecution under the UK's tough anti-bribery legislation. The Anti-Bribery Act 2010 establishes a corporate offence for the failure to prevent bribery.

A comprehensive ABC framework should be based on an assessment of the ABC risks to ensure a proportionate response. Businesses should take a holistic approach to managing their ABC risks. This should include:

• Appointment of an officer accountable for ABC;
• An assessment of ABC risks;
• Developing proportionate policies and procedures;
• Communication and training (including commitment from senior management);
• Due diligence on third parties acting on their behalf;
• Monitoring implementation of the controls; and
• Appropriate whistleblowing procedures.
   

• ABC risk assessments;
• ABC framework reviews;
• Communication and training; and
• Confidential whistleblower hotline including many overseas languages.
  

We can also help businesses respond to suspected criminal, illegal or improper conduct by carrying our investigations into bribery and corruption in accordance with good corporate governance procedures and accountability.