New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (2) must be treated as a criminal proceeding for the purposes of Part 2 despite being civil in nature.
(2) The things referred to in subsection (1) are—
(a) tainted property (as defined in relation to Part 2); or
(b) property of a person who has unlawfully benefited from significant criminal activity.
(3) A proceeding certified by the Central Authority of the requesting country to have been instituted in respect of the forfeiture or restraint of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) must be treated as a criminal proceeding despite being civil in nature.
(4) The things referred to in subsection (3) are—
(a) tainted property (as defined in relation to Part 3); or
(b) property of a person who has unlawfully benefited from significant foreign criminal activity; or
(c) an instrument of crime (as defined in relation to Part 3); or
(d) property that will satisfy all or part of a foreign pecuniary penalty order.
(5) Proceedings treated as criminal proceedings under this section are criminal matters for the purposes of Parts 2 and 3.
Section 2B: inserted, on 1 December 2009, by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
