Criminal Proceeds (Recovery) Amendment Act 2012

Coat of Arms of New Zealand

Criminal Proceeds (Recovery) Amendment Act 2012

Public Act2012 No 9
Date of assent24 February 2012
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1  Title
  • This Act is the Criminal Proceeds (Recovery) Amendment Act 2012.

2  Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3  Principal Act amended
4  Interpretation
  • Section 5(1) is amended by repealing the definition of lawyer and substituting the following definition:

    lawyer means a lawyer within the meaning of section 6 of the Lawyers and Conveyancers Act 2006.

5  Applying for further orders
  • Section 33 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The applicant for the further order must serve a copy of the application on—

      • (a) every person, or every other person (if the applicant is a party), who is a party to the proceeding in which—

        • (i) the making of the associated restraining order is to be considered; or

        • (ii) the associated restraining order was made; and

      • (b) the Official Assignee.

6  Costs recoverable by Official Assignee
  • Section 87(1)(a) is amended by inserting foreign restraining order registered in New Zealand, after restraining order,.

7  Interpretation
  • Section 91 is amended by omitting functions and powers and substituting powers, functions, or duties.

8  Heading above section 96 amended
  • The heading above section 96 is amended by omitting functions or powers and substituting powers, functions, or duties.

9  New section 96 substituted
  • Section 96 is repealed and the following section substituted:

    96 Delegation of powers, functions, or duties of Commissioner of Police
    • The provisions of the Policing Act 2008 relating to the delegation of powers, functions, or duties of the Commissioner apply in all respects to the powers, functions, or duties of the Commissioner under this Act.

10  Court may make production order
  • Section 105(1) is amended by omitting or any member of the police in each place where it appears.

11  New heading inserted
  • The following heading is inserted above section 106:

    Examination orders.

12  Heading above section 107 repealed
13  Power to require attendance before Commissioner, production of documents, etc
  • (1) Section 107(3)(c) is amended by omitting notice and substituting order.

    (2) Section 107(3)(d) is amended by omitting notice and substituting order.

14  Form and content of search warrant
15  Additional matters relating to extension of registration of foreign restraining order
  • Section 138(1) is amended by omitting section 135 and substituting section 137.

16  Duties as to confidentiality generally overridden
  • Section 159(3) is amended by omitting sections 160 and 162 and substituting sections 160 to 162.

17  Legal professional privilege
  • (1) Section 160(4)(a) is amended by omitting section 2 of the Law Practitioners Act 1982 and substituting section 6 of the Lawyers and Conveyancers Act 2006.

    (2) Section 160(7) is amended by omitting the term lawyer means a barrister or solicitor of the High Court, and.

18  Application of Part 4A
  • Section 207 is amended by omitting Rule 458D(1)(a)(xvii) and substituting Rule 19.2(r).


Legislative history

16 February 2012Divided from Statutes Amendment Bill (No 2) (Bill 271–2) and third reading
24 February 2012Royal assent

This Act is administered by the Ministry of Justice.