New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Where a Court makes a forfeiture order against property in respect of a person's conviction of a serious offence, and the conviction is subsequently quashed, the quashing of the conviction shall operate to discharge the forfeiture order.
(2) Where a forfeiture order in respect of any property is discharged as provided in subsection (1) of this section or by a Court hearing an appeal against the making of the order, the Solicitor-General shall—
(a) As soon as practicable after the discharge of the order, serve notice of the discharge of the forfeiture order on any person the Solicitor-General has reason to believe may have had an interest in the property immediately before the making of the order; and
(b) If required to do so by a Court, serve notice of the discharge of the forfeiture order on any specified person or class of persons, in such manner and within such period as is directed by the Court.
(3) Every notice under subsection (2) of this section shall include a statement that a person claiming an interest in the property may apply under subsection (4) of this section for the transfer of the interest to that person.
(4) Where a forfeiture order is discharged in either of the ways referred to in subsection (2) of this section, any person claiming an interest in the property immediately before the making of the forfeiture order may apply to the Minister, in writing, for the transfer of the interest to that person.
(5) If the Minister is satisfied that any claim made under subsection (4) of this section in respect of any interest in property is valid, the Minister shall,—
(a) If the interest is still vested in the Crown, arrange for the interest to be transferred to the claimant; or
(b) In any other case, and subject to section 21 of this Act, arrange for payment to the claimant of an amount equal to the value of the interest.
Compare: Proceeds of Crime Act 1987 (Aust), s 22
