Criminal Proceeds (Recovery) Amendment Act 2011

Reprint
as at 1 August 2012

Coat of Arms of New Zealand

Criminal Proceeds (Recovery) Amendment Act 2011

Public Act2011 No 35
Date of assent22 July 2011
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.

This Act is administered by the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Criminal Proceeds (Recovery) Amendment Act 2011.

2 Commencement
  • (1) This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.

    (2) Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry.

    Section 2(1): this Act brought into force, on 1 August 2012, by the Criminal Proceeds (Recovery) Amendment Act 2011 Commencement Order 2012 (SR 2012/128).

3 Principal Act amended
4 Discharge of assets forfeiture order by Official Assignee
  • Section 82(1) is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) thirdly, by paying, in the order of priority set out in section 86E of the Summary Proceedings Act 1957, any of the following amounts imposed on the former interest holder:

      • (i) any amount of reparation (as defined in section 79 of the Summary Proceedings Act 1957):

      • (ii) any offender levy (as defined in section 79 of the Summary Proceedings Act 1957):

      • (iii) any other type of fine (as defined in section 79 of the Summary Proceedings Act 1957):.

5 Discharge of profit forfeiture order by Official Assignee
  • Section 83(1) is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) thirdly, by paying, in the order of priority set out in section 86E of the Summary Proceedings Act 1957, any of the following amounts imposed on the former interest holder:

      • (i) any amount of reparation (as defined in section 79 of the Summary Proceedings Act 1957):

      • (ii) any offender levy (as defined in section 79 of the Summary Proceedings Act 1957):

      • (iii) any other type of fine (as defined in section 79 of the Summary Proceedings Act 1957):.

6 Discharge of instrument forfeiture order by Official Assignee
  • Section 85 is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) thirdly, by paying, in the order of priority set out in section 86E of the Summary Proceedings Act 1957, any of the following outstanding amounts imposed on the former interest holder:

      • (i) any amount of reparation (as defined in section 79 of the Summary Proceedings Act 1957):

      • (ii) any offender levy (as defined in section 79 of the Summary Proceedings Act 1957):

      • (iii) any other type of fine (as defined in section 79 of the Summary Proceedings Act 1957):.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Criminal Proceeds (Recovery) Amendment Act 2011. The reprint incorporates all the amendments to the Act as at 1 August 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)