New Zealand Legislation: Acts

10B Court must take into account instrument forfeiture order or successful application for relief

• (1) In sentencing or otherwise dealing with an offender convicted of a qualifying instrument forfeiture offence, the court must take into account—

  • (a) any instrument forfeiture order made, or to be made, in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:

  • (b) any forfeiture of that property by any other order or means arising from the offender’s conviction:

  • (c) any order for relief made under section 142L or 142M in favour of another person in respect of property used to commit, or to facilitate the commission of, the qualifying instrument forfeiture offence:

  • (d) the nature of the relationship between that person and the offender:

  • (e) the likely benefit to the offender of any order referred to in paragraph (c).

  (2) In deciding the weight to be given to any matter referred to in subsection (1)(a), (b), or (d), the court must take into account—

  • (a) the value of the property that is the subject of the instrument forfeiture order or that is otherwise forfeited:

  • (b) the nature and extent of the offender’s interest in that property.

  (3) Without limiting any other powers of a court to adjourn, in any case contemplated by this section a court may adjourn the proceedings until—

  • (a) any property that is the subject of a forfeiture order has been surrendered to the Official Assignee; or

  • (b) any appeal or application for relief in relation to an instrument forfeiture order or any other proceeding under the Criminal Proceeds (Recovery) Act 2009 has been determined.

  Section 10B: inserted, on 1 December 2009, by section 7 of the Sentencing Amendment Act 2009 (2009 No 10).