Criminal Proceeds (Recovery) Act 2009

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Reprint as at 17 October 2009

Criminal Proceeds (Recovery) Act 2009

Public Act2009 No 8
Date of assent21 April 2009
Commencementsee section 2

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Criminal Proceeds (Recovery) Act 2009 is administered by the Ministry of Justice.


Contents

Purpose

Overview

Interpretation

Application

Applying for restraining order

Applications for restraining order made on and without notice

Being heard at hearing for restraining order

Making restraining orders

Registration of restraining orders

Conditions on restraining order

Undertakings as to damages or costs in relation to restraining orders

Excluding severable interest from restrained property

Disposition or dealings set aside from restrained property

Further orders associated with restraining orders

Duration of restraining orders and further orders

Applications for civil forfeiture orders

Notice and entitlement to be heard in relation to civil forfeiture orders

Matters relating to application for civil forfeiture order

Application for assets forfeiture order

Making assets forfeiture order

Application for profit forfeiture order

Making profit forfeiture order

Matters associated with making civil forfeiture order

Relief from civil forfeiture order for persons other than respondent

Effect of instrument forfeiture order

Disposal of forfeited property under instrument forfeiture order in certain circumstances

Applications for relief relating to instrument forfeiture order

Third party appeals from instrument forfeiture order

Preserving value of certain property

No liability for certain payments

Discharge of assets forfeiture orders by Official Assignee

Discharge of profit forfeiture order by Official Assignee

Discharge of instrument forfeiture order by Official Assignee

Discharge of foreign forfeiture order registered in New Zealand by Official Assignee

Costs recoverable by Official Assignee

Delegation by Official Assignee

Functions of Commissioner of Police

Challenge to exercise of Commissioner's decisions, powers, and duties

Approval of settlements

Delegation of functions or powers of Commissioner of Police

Outside investigators appointed by Commissioner

Police powers

Commissioner's powers

Production orders

Examination order

Non-compliance with production order or examination order

Official Assignee’s powers

General rules about search warrants

Orders

Warrants and powers associated with foreign restraining orders and foreign forfeiture orders

Interim foreign restraining orders

Registering foreign restraining orders

Duration of foreign restraining order and further orders

Registering foreign forfeiture orders

Relief from foreign forfeiture order registered in New Zealand

Offences

Compliance not actionable

Indemnity

Operation of other laws

Effect of exercise of powers on duties of confidentiality

Admissibility of evidence

Arrangements to avoid operation of this Act or Sentencing Act 2002

Notices

Effect of death

Repeal

Transitional provisions

Regulations and rules

Amendments to Crimes Act 1961

Amendments to Customs and Excise Act 1996

Amendments to Evidence Act 2006

Amendments to Financial Transactions Reporting Act 1996

Amendments to International Crimes and International Criminal Court Act 2000

Amendments to International War Crimes Tribunals Act 1995

Amendment to Judicature Act 1908

Amendments to Legal Services Act 2000

Amendment to Misuse of Drugs Act 1975

Amendment to Summary Proceedings Act 1957

Amendments to Tax Administration Act 1994

Amendments to Terrorism Suppression Act 2002

Reprint notes


The Parliament of New Zealand enacts as follows: