New Zealand Legislation: Acts

23D Court may grant relief to third party

• (1) Where—

  • (a) A person applies to the Court under section 23C(1) 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.

  (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 the foreign forfeiture order was made; 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.

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