New Zealand Legislation: Acts

18 Court may grant relief to third party

• (1) Where—

  • (a) A person applies to the Court under subsection (1) or subsection (2) of section 17 of this Act in respect of an interest in property; and

  • (b) The Court is satisfied that the applicant's claim to that interest is valid,—

  the Court shall, subject to subsection (2) of this section, make an order—

  • (c) Declaring the nature, extent, and value of the applicant's interest in the property; and

  • (d) Either—

    • (i) Directing the Crown to transfer the interest to the applicant; or

    • (ii) Declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court; or

    • (iii) In the case of an application under section 17(1) of this Act, directing that the interest shall not be included in a forfeiture order made in respect of the proceedings that gave rise to the application.

  (2) The Court may refuse to make an order under subsection (1) of this section if it is satisfied that—

  • (a) The applicant was, in any respect, involved in the commission of the offence in respect of which forfeiture of the property is or was sought; or

  • (b) If the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,—

  but nothing in this subsection shall be taken to require such a refusal.

  Compare: Proceeds of Crime Act 1987 (Aust), s 21(6)