New Zealand Legislation: Acts

13 Making of confiscation order where person has absconded

• Where a person is, by reason of section 3(1)(c) of this Act, treated as having been convicted of a serious offence, a Court shall not make a confiscation order in respect of that conviction unless—

  • (a) The Court is satisfied, on the balance of probabilities, that the person has absconded; and

  • (b) The Court is satisfied, beyond reasonable doubt, that the person is guilty of the offence.

  Compare: Proceeds of Crime Act 1987 (Aust), s 17