New Zealand Legislation: Acts

17 Third parties may apply for relief

• (1) Where an application is made for a forfeiture order, a person who claims an interest in any of the property specified in the application may apply, before the forfeiture order is made, to the Court for an order under section 18 of this Act.

  (2) Where a Court makes a forfeiture order against any property, any person who claims an interest in any of the property specified in the order may apply to the Court for an order under section 18 of this Act at any time within the period of 6 months from the date on which the forfeiture order was made or such further period as the Court allows on application made for that purpose either before or after the expiry of that period of 6 months.

  (3) The person in respect of whose conviction the forfeiture order is sought or was made may not apply under subsection (1) or subsection (2) of this section.

  (4) A person on whom notice of the application for a forfeiture order, or of any amendment to the application, was served, or who appeared at the hearing of the application, may not apply under subsection (2) of this section except with the leave of the Court.

  (5) The Court shall not grant leave under subsection (4) of this section unless there are special reasons for doing so.

  (6) Without limiting the generality of subsection (5) of this section, the Court may grant leave under subsection (4) of this section if it is satisfied—

  • (a) That the applicant had good reason for failing to attend the hearing of the application for the forfeiture order; or

  • (b) That evidence proposed to be adduced by the applicant in connection with the application under subsection (2) of this section was not reasonably available to the applicant at the time of the hearing of the application for the forfeiture order.

  (7) A person who makes an application under subsection (1) or subsection (2) of this section shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings upon that application.

  Compare: Proceeds of Crime Act 1987 (Aust), s 21