New Zealand Legislation: Acts

8 Application for confiscation order

• (1) Where a person is convicted on indictment of a serious offence, the Solicitor-General may, at any time before the expiration of the relevant application period, apply to the appropriate Court for one or both of the following orders:

  • (a) A forfeiture order against property that is tainted property in respect of the offence:

  • (b) A pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence.

  (2) For the purposes of this section, the appropriate Court, in relation to the person in respect of whose conviction for a serious offence a confiscation order is sought, is—

  • (a) The Court before which that person was sentenced, or is due to appear for sentence, in respect of that offence; or

  • (b) Where that person is treated as having been convicted of the offence by reason of section 3(1)(c) of this Act, the High Court.

  (3) An application may be made under this section in relation to one or more serious offences.

  (4) If an application under paragraph (a) or paragraph (b) of subsection (1) of this section has been made and finally determined in respect of a person's conviction, no further application may be made under that paragraph in relation to the same conviction, except with the leave of the Court.

  (5) The Court shall not grant leave under subsection (4) of this section unless it is satisfied—

  • (a) That—

    • (i) The tainted property or, as the case requires, the benefit to which the new application relates was identified only after the previous application was determined; or

    • (ii) Evidence necessary to support the new application was not reasonably available at the time of the hearing of the previous application; and

  • (b) That it is in the interests of justice to grant the leave.

  Compare: Proceeds of Crime Act 1987 (Aust), s 14