New Zealand Legislation: Acts

12 Amendment of application

• (1) Subject to subsection (2) of this section, the Court hearing an application for a confiscation order may amend the application either of its own motion or at the request of the applicant.

  (2) The Court shall not amend the application—

  • (a) To include additional property in an application for a forfeiture order; or

  • (b) To include an additional benefit in an application for a pecuniary penalty order—

  unless the Court is satisfied that—

  • (c) The property or benefit was not reasonably capable of identification when the application was made; or

  • (d) Evidence necessary to support the application in relation to that property or benefit became available only after the application was made.

  (3) Where the application is amended in the manner described in subsection (2) of this section, the Court shall—

  • (a) Direct the applicant to serve notice of the amendment on the person in respect of whose conviction the application was made:

  • (b) In the case of an application for a forfeiture order, direct the applicant to serve notice of the application (as so amended) on any person whom the applicant has reason to believe may have an interest in the additional property included in the application.

  Compare: Proceeds of Crime Act 1987 (Aust), s 16