New Zealand Legislation: Acts

16 Effect of forfeiture order

• (1) Where a Court makes a forfeiture order against property, the property shall vest absolutely in the Crown to the extent of the interest specified in the order.

  (2) Nothing in subsection (1) of this section affects the operation of section 99 of the Land Transfer Act 1952 in relation to a forfeiture order made in respect of an estate or interest under that Act.

  (3) Where a Court makes a forfeiture order in respect of an estate or interest in land, the order shall be transmitted by the Registrar of the Court to the District Land Registrar or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 1952 or the Deeds Registration Act 1908, as the case may require.

  (4) Where a Court makes a forfeiture order against any property,—

  • (a) Except with the leave of the Court that made the forfeiture order, the property that is forfeited to the Crown under the order shall not be disposed of, or otherwise dealt with, by or on behalf of the Crown, until the expiry of the relevant appeal period; and

  • (b) On the expiry of the relevant appeal period, if the forfeiture order has not been discharged, the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Minister.

  (5) For the purposes of this section expiry of the relevant appeal period, in relation to a forfeiture order made in reliance on a person's conviction of a serious offence, means—

  • (a) The end of the appeal period in relation to the making of the forfeiture order; or

  • (b) The end of the appeal period in relation to the person's conviction on which the order is based,—

  whichever is the later.

  (6) For the purposes of this section, appeal period, in relation to the making of a forfeiture order or the entering of a person's conviction, means the period ending—

  • (a) When the time for bringing an appeal against the decision of the Court expires, if no such appeal has been brought; or

  • (b) If an appeal against the decision of the Court has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first.

  Compare: Proceeds of Crime Act 1987 (Aust), s 20