New Zealand Legislation: Acts

15 Forfeiture orders

• (1) On the hearing of an application for a forfeiture order in respect of a person's conviction of a serious offence, the Court may, if it is satisfied that property specified in the application is tainted property in respect of the offence, order that such of the property as is specified by the Court is forfeited to the Crown.

  (2) In considering whether or not to make an order under subsection (1) of this section in respect of particular property, the Court may have regard to—

  • (a) The use that is ordinarily made, or was intended to be made, of the property; and

  • (b) Any undue hardship that is reasonably likely to be caused to any person by the operation of such an order; and

  • (c) The nature and extent of the offender's interest in the property (if any), and the nature and extent of any other person's interest in it (if any); and

  • (d) In addition to the matter referred to in section 14(1)(b) of this Act, any other matter relating to the nature and circumstances of the offence or the offender, including the gravity of the offence.

  (3) A Court that makes a forfeiture order against property may, if it considers that it is appropriate to do so, by order,—

  • (a) Declare the nature, extent, and value of any person's interest in the property; and

  • (b) Declare that the forfeiture order may, to the extent to which it relates to the interest, be discharged pursuant to section 22 of this Act.

  (4) Where the Court orders that property (other than money) is forfeited to the Crown, the Court shall specify in the order the amount that it considers to be the value of the property at the time the order is made.

  (5) Where a Court makes a forfeiture order, the Court may give such directions as are necessary and convenient for giving effect to the order.

  (6) Without limiting the generality of subsection (5) of this section, where a Court makes a forfeiture order against any property title to which is passed by registration on a register maintained pursuant to any New Zealand enactment, the Court may direct an officer of the Court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property, and for that purpose may, by warrant, authorise any such officer to enter and search any place or thing and seize any such document.

  (7) Sections 31 to 34 of this Act, so far as applicable and with all necessary modifications, shall apply in relation to a warrant issued pursuant to subsection (6) of this section to an officer of the Court as if it were a warrant issued under section 30 of this Act to a member of the Police.

  Compare: Proceeds of Crime Act 1987 (Aust) s 19