New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 2009 No 8 |
| Date of assent | 21 April 2009 |
| Commencement | see section 2 |
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.
6 Meaning of significant criminal activity
7 Meaning of unlawfully benefited from significant criminal activity
Part 2
Criminal proceeds and instruments forfeiture regime
11 Restraint not necessary before forfeiture
12 Conversion of restrained property and foreign restrained property
13 No identifiable owner required for certain proceedings relating to specific property
14 Differing grounds for restraining and later forfeiting property
15 No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order
16 Quashing criminal proceedings does not impact on civil forfeiture
17 Multiple forfeiture orders and foreign forfeiture orders
Applying for restraining order
18 Applying for restraining order
19 Application for restraining order to identify proposed restrained property, respondent (if any), and interest holders
20 Court to which application for restraining order made
Applications for restraining order made on and without notice
21 Application for restraining order on notice
22 Application for restraining order without notice
Being heard at hearing for restraining order
23 Who may be heard at hearing for restraining order
24 Making restraining order relating to specific property
25 Making restraining order relating to all or part of respondent’s property
26 Making restraining order relating to instrument of crime
Registration of restraining orders
27 Registration of restraining orders on registers
Conditions on restraining order
28 Conditions on restraining order
Undertakings as to damages or costs in relation to restraining orders
29 Undertakings as to damages or costs in relation to restraining orders
Excluding severable interest from restrained property
30 Excluding severable interest from restrained property
31 Excluding severable interest from restrained property when applicant mortgagee
Disposition or dealings set aside from restrained property
32 Certain disposition or dealing set aside from restrained property
Further orders associated with restraining orders
33 Applying for further orders
36 Impact of certain further orders
Duration of restraining orders and further orders
37 Duration of restraining orders and further orders
38 Duration of restraining order when application for forfeiture order declined
39 Duration of restraining order when application without notice
40 Duration of restraining order relating to instrument of crime in certain circumstances
41 Extending duration of restraining order
42 Additional matters relating to extending duration of restraining order
Subpart 3—Civil forfeiture orders
Applications for civil forfeiture orders
Notice and entitlement to be heard in relation to civil forfeiture orders
45 Application for civil forfeiture order on notice
46 Who may be heard at hearing for civil forfeiture order
Matters relating to application for civil forfeiture order
47 Amending application for civil forfeiture order
48 Notice of application for civil forfeiture order may be recorded on registers
Application for assets forfeiture order
49 Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known)
Making assets forfeiture order
50 Making assets forfeiture order
51 Exclusion of respondent’s property from assets forfeiture order because of undue hardship
Application for profit forfeiture order
52 Contents of application for profit forfeiture order
Making profit forfeiture order
53 Value of benefit presumed to be value in application
54 High Court must determine maximum recoverable amount
55 Making profit forfeiture order
56 Exclusion of respondent’s property from profit forfeiture order because of undue hardship
57 Profit forfeiture order if respondent has absconded
58 Court may treat effective control over property as interest in property
Matters associated with making civil forfeiture order
59 Additional matters in respect of making civil forfeiture order
60 Civil forfeiture order relating to land
Relief from civil forfeiture order for persons other than respondent
61 Person (other than respondent) may apply for relief before civil forfeiture order made or declined
62 Person (other than respondent) may apply for relief for limited period after civil forfeiture order made
63 Application for relief from civil forfeiture order to identify nature and reasons for relief sought
64 Application for relief from civil forfeiture on notice
65 Appearing at hearing for relief from civil forfeiture order
66 Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity
67 Making order for relief from civil forfeiture order on grounds of undue hardship
68 Matters associated with relief from civil forfeiture order when interest severable
69 Matters associated with relief from civil forfeiture order when interest not severable
Subpart 4—Instrument forfeiture orders
Effect of instrument forfeiture order
70 Effect of instrument forfeiture order
71 Additional matters in respect of making instrument forfeiture order
72 Instrument forfeiture order relating to land
Disposal of forfeited property under instrument forfeiture order in certain circumstances
73 Time restraints on disposal of property forfeited under instrument forfeiture order
74 Discharge of instrument forfeiture order on appeal or quashing of conviction
75 Official Assignee may apply for directions regarding discharge of instrument forfeiture order under section 74
76 Double benefit not permitted
Applications for relief relating to instrument forfeiture order
77 Applications for relief from instrument forfeiture order
Third party appeals from instrument forfeiture order
78 Third party appeals from instrument forfeiture order
79 Power of appeal court to vary offender’s sentence
Preserving value of certain property
80 Preserving value of certain property
No liability for certain payments
81 Official Assignee not liable for certain payments on certain property
Discharge of assets forfeiture orders by Official Assignee
82 Discharge of assets forfeiture order by Official Assignee
Discharge of profit forfeiture order by Official Assignee
83 Discharge of profit forfeiture order by Official Assignee
84 Bankruptcy in relation to profit forfeiture order
Discharge of instrument forfeiture order by Official Assignee
85 Discharge of instrument forfeiture order by Official Assignee
Discharge of foreign forfeiture order registered in New Zealand by Official Assignee
86 Discharge by Official Assignee of foreign forfeiture order registered in New Zealand
Costs recoverable by Official Assignee
87 Costs recoverable by Official Assignee
Delegation by Official Assignee
88 Delegation by Official Assignee
89 Acting under delegation from Official Assignee
90 Revocation of delegation from Official Assignee
Functions of Commissioner of Police
Challenge to exercise of Commissioner's decisions, powers, and duties
93 Effect of proceedings relating to Commissioner's powers and duties
94 Effect of final decision that exercise of powers unlawful
95 High Court must approve settlement between Commissioner and other party
Delegation of functions or powers of Commissioner of Police
96 Delegation of functions or powers of Commissioner of Police
Outside investigators appointed by Commissioner
97 Exercise of powers by outside investigators
98 Disclosure to Commissioner of Police of information held by Inland Revenue Department
99 Destruction of information supplied under section 98
Subpart 7—Investigative powers
101 Police may obtain warrant to search for and seize evidence and property
102 Commissioner may obtain warrant to search for and seize evidence and property
103 Commissioner to transfer property to Official Assignee
104 Application for production order
105 Court may make production order
106 Application for examination order
107 Power to require attendance before Commissioner, production of documents, etc
Non-compliance with production order or examination order
108 Power to obtain search warrant for non-compliance with production order or examination order
109 Immunity from liability for disclosure of information under this Act
110 Official Assignee may apply for warrant to search for and seize property
111 Official Assignee to hold property
113 Retention of seized property if forfeiture order made
General rules about search warrants
114 Application of sections 115 to 122
115 Application for search warrant
116 Form and content of search warrant
117 When search warrant is executed
118 Powers conferred by search warrant
119 Powers of persons called to assist
120 Person executing warrant to produce evidence of authority
122 Compliance with certain provisions unnecessary in some circumstances
123 Form and content of orders
Warrants and powers associated with foreign restraining orders and foreign forfeiture orders
124 Warrants associated with foreign restraining orders and foreign forfeiture orders
125 Powers of Commissioner in relation to warrants associated with foreign restraining orders and foreign forfeiture orders
126 Powers of Official Assignee in relation to warrants associated with foreign restraining orders and foreign forfeiture orders
127 Provisions associated with foreign restraining orders and foreign forfeiture orders
Subpart 8—Foreign restraining orders and foreign forfeiture orders
Interim foreign restraining orders
128 Interim foreign restraining order
129 Expiry of interim foreign restraining orders
130 Extending duration of interim foreign restraining order
131 Additional matters relating to extending duration of interim foreign restraining order
Registering foreign restraining orders
132 Who may apply to register foreign restraining order
133 Application to register foreign restraining order made to High Court
134 Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders
135 Effect of registering foreign restraining order in New Zealand
Duration of foreign restraining order and further orders
136 Duration of foreign restraining order registered in New Zealand and associated further orders
137 Extension of duration of registration of foreign restraining order
138 Additional matters relating to extension of registration of foreign restraining order
139 Exclusion of interest from foreign restraining order registered in New Zealand
Registering foreign forfeiture orders
140 Who may apply to register foreign forfeiture order
141 Application to register foreign forfeiture order made to High Court
142 Notice of registration of foreign forfeiture order
143 Provisions of subpart 3 of Part 2 applying to registering foreign forfeiture orders
144 Registering foreign forfeiture order
145 Notice of registration of foreign forfeiture order may be recorded on registers
146 Additional matters in respect of registering foreign forfeiture order
147 Registering foreign forfeiture order relating to land
Relief from foreign forfeiture order registered in New Zealand
148 Relief from foreign forfeiture order registered in New Zealand
149 High Court may grant relief from foreign forfeiture order registered in New Zealand
150 Contravention of restraining orders or foreign restraining orders
151 Contravention of forfeiture orders or foreign forfeiture orders
152 Failing to comply with orders and search warrants
153 Search order not to be disclosed
154 Offence to disclose existence or operation of search order
157 Indemnity for enforcement officers
158 Operation of other laws not affected
Effect of exercise of powers on duties of confidentiality
159 Duties as to confidentiality generally overridden
160 Legal professional privilege
161 Privilege in relation to tax advice
162 Certain provisions not to apply to police, Inland Revenue, Statistics, and Reserve Bank officers
163 Privilege against self-incrimination no excuse
165 Admissibility of self-incriminating statements
166 Admissibility of evidence given to court or Official Assignee
Arrangements to avoid operation of this Act or Sentencing Act 2002
167 Arrangements to avoid operation of this Act or Sentencing Act 2002
170 Effect of death of joint owner of restrained property
172 Proceeds of Crime Act 1991 continues in force for certain purposes
Subpart 10—Consequential amendments to other enactments
175 Amendments to Crimes Act 1961
176 Defence of enforcement of enactment
177 Destruction of relevant records made by use of interception device
178 Restriction on admissibility of evidence of private communications lawfully intercepted
Amendments to Customs and Excise Act 1996
179 Amendments to Customs and Excise Act 1996
180 Detention of goods suspected to be tainted property
181 Further provisions about detention under section 166A
182 Return of goods detained under section 166A
Amendments to Evidence Act 2006
183 Amendment to Evidence Act 2006
184 Undercover police officers
Amendments to Financial Transactions Reporting Act 1996
185 Amendments to Financial Transactions Reporting Act 1996
187 Verification of identity where money laundering or proceeds of crime suspected
189 Financial institutions to report suspicious transactions
190 Auditors may report suspicious transactions
191 Protection of identity of persons making suspicious transaction reports
193 Commissioner to issue guidelines relating to reporting of suspicious transactions
194 Application of Privacy Act 1993
195 Application of Privacy Act 1993
Amendments to International Crimes and International Criminal Court Act 2000
196 Amendments to International Crimes and International Criminal Court Act 2000
198 Attorney-General may authorise measures
199 Method of registration of order
200 New sections 130 and 131 substituted
201 Cancellation of registration order
Amendments to International War Crimes Tribunals Act 1995
202 Amendments to International War Crimes Tribunals Act 1995
203 New section 43 substituted
204 Registered forfeiture orders
205 Cancellation of registration of forfeiture order
Amendment to Judicature Act 1908
206 Amendment to Judicature Act 1908
Amendments to Legal Services Act 2000
208 Amendments to Legal Services Act 2000
209 When legal aid may be granted: civil matters
Amendment to Misuse of Drugs Act 1975
211 Amendment to Misuse of Drugs Act 1975
212 Laundering proceeds of drug offences
Amendment to Summary Proceedings Act 1957
213 Amendment to Summary Proceedings Act 1957
214 Part 2 of Schedule 1 amended
Amendments to Tax Administration Act 1994
215 Amendments to Tax Administration Act 1994
216 Officers to maintain secrecy
217 Further secrecy requirements
Amendments to Terrorism Suppression Act 2002
218 Amendments to Terrorism Suppression Act 2002
219 Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities
220 Further provisions about detention under section 47A
221 Variation, revocation, or expiry of direction
222 New section 51 substituted
223 New section 57 substituted
The Parliament of New Zealand enacts as follows:
