New Zealand Legislation: Acts

23C Third parties may apply for relief

• (1) Where a foreign forfeiture order against property is registered in New Zealand in accordance with section 56 of the Mutual Assistance Act, any person (other than a person convicted of a foreign serious offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 23D of this Act.

  (2) A person on whom notice of the hearing held in connection with the making of the foreign forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) of this section except with the leave of the Court.

  (3) The Court shall not grant leave under subsection (2) of this section unless there are special reasons for doing so.

  (4) Without limiting the generality of subsection (3) of this section, the Court may grant leave under subsection (2) of this section if it is satisfied—

  • (a) That the applicant had good reason for failing to attend the hearing held in connection with the making of the foreign forfeiture order; or

  • (b) That evidence proposed to be adduced by the applicant in connection with the application under subsection (1) of this section was not reasonably available to the applicant at the time of that hearing.

  (5) Subject to subsection (6) of this section, an application under subsection (1) of this section shall be made before the expiry of the period of 2 months beginning on the date on which the foreign forfeiture order is registered in the Court.

  (6) The Court may grant a person leave to apply under subsection (1) of this section outside the period referred to in subsection (5) of this section if the Court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.

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

  Compare: Proceeds of Crime Act 1987 (Aust), s 23A(3)-(6), (8)-(11)

  Sections 23A to 23D and the preceding heading were inserted, as from 1 April 1993, by section 4 Proceeds of Crime Amendment Act 1992 (1992 No 87).