Proceeds of Crime Amendment Act 1992
Proceeds of Crime Amendment Act 1992
Proceeds of Crime Amendment Act 1992
Checking for alerts... Loading...
Proceeds of Crime Amendment Act 1992
Public Act |
1992 No 87 |
|
Date of assent |
25 September 1992 |
|
Contents
An Act to amend the Proceeds of Crime Act 1991
Be it enacted by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Proceeds of Crime Amendment Act 1992, and shall be read together with and deemed part of the Proceeds of Crime Act 1991 (hereinafter referred to as the principal Act).
(2)
Except as provided in subsection (3) of this section, this Act shall come into force on the 1st day of April 1993.
(3)
Sections 7, 8, and 10 of this Act shall come into force on the day after the date on which this Act receives the Royal assent.
2 Interpretation
Section 2(1) of the principal Act is hereby amended by inserting, in their appropriate alphabetical order, the following definitions:
“‘Criminal proceedings’, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act:
“‘Foreign drug-dealing offence’ has the same meaning as in the Mutual Assistance Act:
“‘Foreign forfeiture order’ has the same meaning as in the Mutual Assistance Act:
“‘Foreign pecuniary penalty order’ has the same meaning as in the Mutual Assistance Act:
“‘Foreign restraining order’ has the same meaning as in the Mutual Assistance Act:
“‘Foreign serious offence’ has the same meaning as in the Mutual Assistance Act:
“‘Mutual Assistance Act’ means the Mutual Assistance in Criminal Matters Act 1992:”.
3 Application
(1)
Section 7 of the principal Act is hereby amended by inserting, immediately before the words “This Act applies”
, the words “Subject to subsection (2) of this section,”
.
(2)
Section 7 of the principal Act is hereby amended by adding the following subsection:
“(2)
Subsection (1) of this section does not apply in respect of foreign forfeiture orders, foreign pecuniary penalty orders, or foreign restraining orders.”
4 New heading and sections (relating to forfeiture orders in respect of foreign serious offences) inserted
The principal Act is hereby amended by inserting, after section 23, the following heading and sections:
“Registered Foreign Forfeiture Orders
“23a Registered foreign forfeiture orders
Where a foreign forfeiture order against property is registered in New Zealand in accordance with section 56 of the Mutual Assistance Act,—
“(a)
This Part of this Act (other than sections 15(3), 16(4) to (6), and 17 to 23), so far as applicable and with all necessary modifications, shall apply in relation to the order; and
“(b)
The property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised, in writing, by the Attorney-General for the purposes of this paragraph.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 23
“23b Third parties to be notified of registration of foreign forfeiture order
Where, in accordance with section 56 of the Mutual Assistance Act, the High Court orders the registration in New Zealand of a foreign forfeiture order against property, the Court shall direct the Solicitor-General to serve notice of the registration—
“(a)
On a specified person or specified persons (other than a person convicted of a foreign serious offence in respect of which the foreign forfeiture order was made) whom the Court has reason to believe may have an interest in the property; and
“(b)
In such manner and within such time as the Court thinks fit.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 23a(2)
“23c Third parties may apply for relief
“(1)
Where a foreign forfeiture order against property is registered in New Zealand in accordance with section 56 of the Mutual Assistance Act, any person (other than a person convicted of a foreign serious offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 23d of this Act.
“(2)
A person on whom notice of the hearing held in connection with the making of the foreign forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) of this section except with the leave of the Court.
“(3)
The Court shall not grant leave under subsection (2) of this section unless there are special reasons for doing so.
“(4)
Without limiting the generality of subsection (3) of this section, the Court may grant leave under subsection (2) of this section if it is satisfied—
“(a)
That the applicant had good reason for failing to attend the hearing held in connection with the making of the foreign forfeiture order; or
“(b)
That evidence proposed to be adduced by the applicant in connection with the application under subsection (1) of this section was not reasonably available to the applicant at the time of that hearing.
“(5)
Subject to subsection (6) of this section, an application under subsection (1) of this section shall be made before the expiry of the period of 2 months beginning on the date on which the foreign forfeiture order is registered in the Court.
“(6)
The Court may grant a person leave to apply under subsection (1) of this section outside the period referred to in subsection (5) of this section if the Court is satisfied that the person’s failure to apply within that period was not due to any neglect on the person’s part.
“(7)
A person who makes an application under subsection (1) of this section shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings on the application.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 23a(3)–(6), (8)–(11)
“23d Court may grant relief to third party
“(1)
Where—
“(a)
A person applies to the Court under section 23c(1) of this Act in respect of an interest in property; and
“(b)
The Court is satisfied that the applicant’s claim to that interest is valid,—
the Court shall, subject to subsection (2) of this section, make an order—
“(c)
Declaring the nature, extent, and value of the applicant’s interest in the property; and
“(d)
Either—
“(i)
Directing the Crown to transfer the interest to the applicant; or
“(ii)
Declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court.
“(2)
The Court may refuse to make an order under subsection (1) of this section if it is satisfied that—
“(a)
The applicant was, in any respect, involved in the commission of the offence in respect of which the foreign forfeiture order was made; or
“(b)
If the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,—
but nothing in this subsection shall be taken to require such a refusal.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 23a(7)
5 Registered foreign pecuniary penalty orders
The principal Act is hereby amended by inserting, after section 29, the following section:
“29a
Where a foreign pecuniary penalty order is registered in New Zealand in accordance with section 56 of the Mutual Assistance Act, any amount paid (whether in New Zealand, in the foreign country in which the order was made, or elsewhere) in satisfaction of the order shall be taken to have been paid in satisfaction of the debt that arises by reason of the registration of the order in New Zealand.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 29
6 New sections (relating to search warrants in relation to foreign offences) inserted
The principal Act is hereby amended by inserting, after section 38, the following heading and sections:
“Search Warrants in Relation to Foreign Offences
“38a Search warrant may be issued in relation to foreign offence
“(1)
Where a commissioned officer of the Police is authorised, under section 59 of the Mutual Assistance Act, to apply for a search warrant under this Part of this Act in relation to tainted property in respect of a foreign serious offence, the officer may apply for the search warrant accordingly.
“(2)
This Part of this Act (other than sections 30(4), 32(3), and 36 to 38), so far as applicable and with all necessary modifications, shall apply in relation to an application made pursuant to subsection (1) of this section, and to any search warrant issued as a result of any such application, as if references in this Part of this Act to tainted property were references to tainted property in relation to a foreign serious offence.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 42(1)
“38b Powers conferred by warrant in relation to foreign serious offence
Without limiting subsections (1) and (2) of section 32 of this Act (as applied by section 38a(2) of this Act), if a member of the Police, in the course of executing a warrant issued under section 30 of this Act in relation to a foreign serious offence, finds any property that the member of the Police believes on reasonable grounds to be—
“(a)
Tainted property in relation to the foreign serious offence although not of a kind specified in the warrant; or
“(b)
Tainted property in relation to another foreign serious offence in respect of which a search warrant issued under section 30 of this Act is in force,—
the warrant shall be sufficient authority to seize that property if the member of the Police believes, on reasonable grounds, that seizure is necessary to prevent the loss, destruction, or concealment of the property.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 42(2)
“38c Return of seized property
Where—
“(a)
Property is seized pursuant to a warrant issued under section 30 of this Act in respect of a foreign serious offence; and
“(b)
At the end of the period of 1 month commencing on the day after the day on which the property was seized,—
“(i)
Neither a foreign restraining order nor a foreign forfeiture order in relation to the property has been registered in New Zealand under the Mutual Assistance Act; and
“(ii)
A restraining order in respect of the property has not been made under this Act in relation to the foreign serious offence,—
the Commissioner of Police shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period of 1 month.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 42(5)
“38d Retention of seized property
“(1)
Where—
“(a)
Any property is seized pursuant to a warrant issued under section 30 of this Act in respect of a foreign serious offence; and
“(b)
Before the end of the period referred to in section 38c of this Act,—
“(i)
A foreign restraining order in relation to the property is registered in New Zealand under the Mutual Assistance Act; or
“(ii)
A restraining order in respect of the property is made under this Act in relation to the foreign serious offence,—
the following provisions shall apply:
“(c)
If there is in force, at the end of that period, a direction by a Court that the Official Assignee take custody and control of the property, the Commissioner of Police shall arrange for the property to be given to the Official Assignee in accordance with the direction:
“(d)
If there is in force at the end of that period an order under subsection (2) of this section in relation to the property, the Commissioner shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act:
“(e)
If neither paragraph (c) nor paragraph (d) of this subsection applies, the Commissioner of Police shall deal with the property in accordance with the terms of the foreign restraining order or, as the case may require, the restraining order made under this Act.
“(2)
Where—
“(a)
Any property is seized pursuant to a warrant issued under section 30 of this Act in respect of a foreign serious offence; and
“(b)
Either—
“(i)
A foreign restraining order in respect of the property is registered in New Zealand under the Mutual Assistance Act; or
“(ii)
A restraining order in respect of the property is made under this Act in relation to the foreign serious offence; and
“(c)
At the time when the restraining order is made or registered, the property is in the possession of the Commissioner of Police,—
the Commissioner may apply to the High Court for an order that the Commissioner retain possession of the property, and the Court may, if it is satisfied that the property is required by the Commissioner to be dealt with in accordance with a request made under the Mutual Assistance Act by the foreign country that requested the registration of, or the obtaining of, the restraining order, make an order that the Commissioner may retain the property for so long as the property is required for that purpose.
“(3)
Where—
“(a)
Any property is seized pursuant to a warrant issued under section 30 of this Act in relation to a foreign serious offence; and
“(b)
While the property is in the possession of the Commissioner of Police, a foreign forfeiture order in respect of the property is registered in New Zealand under the Mutual Assistance Act,—
the Commissioner shall deal with the property as required by the forfeiture order.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 42(6)–(8)
“38e Application for return of seized property
“(1)
Where any property has been seized pursuant to a warrant issued under section 30 of this Act in respect of a foreign serious offence, any person who claims an interest in the property may apply to a District Court for an order that the property be returned to the person.
“(2)
An application may be made under subsection (1) of this section at any time before the property is returned or otherwise dealt with in accordance with any of the provisions of sections 38c and 38d of this Act.
“(3)
Where a person makes an application under subsection (1) of this section in respect of any property, and the Court is satisfied—
“(a)
That the applicant is entitled to possession of the property; and
“(b)
That the property is not tainted property in relation to the relevant foreign serious offence; and
“(c)
That the person who is alleged to have committed the relevant foreign serious offence has no interest in the property,—
the Court shall order the Commissioner of Police to arrange for the property to be returned to the applicant.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 42(3), (4)
7 Official Assignee not liable for payment of rates, etc., on property subject to restraining order
Section 61 of the principal Act is hereby amended by omitting from paragraph (b) the word “subsection”
, and substituting the word “section”
.
8 Costs recoverable by Official Assignee
Section 63(2) of the principal Act is hereby amended by repealing paragraph (b), and substituting the following paragraph:
“(b)
Proper remuneration for work done by any person (being the Official Assignee or any delegate of the Official Assignee or any other member of the staff of the Official Assignee) in connection with the exercise or performance, by the Official Assignee or any delegate of the Official Assignee, of functions, duties, or powers under this Act in respect of the property.”
9 New sections (relating to foreign restraining orders) inserted
The principal Act is hereby amended by inserting, after section 66, the following heading and sections:
“Foreign Restraining Orders
“66a Interim restraining order in respect of foreign serious offence
“(1)
Where the Solicitor-General is authorised, under section 60 of the Mutual Assistance Act, to apply for a restraining order under this Act in respect of a foreign serious offence, the Solicitor-General may apply for the order accordingly.
“(2)
This Part of this Act (other than sections 43(1), 43(2), 44(2), 48, 51 to 56, 65, and 66), so far as applicable, shall apply in relation to an application made pursuant to subsection (1) of this section, and to any restraining order made as a result of the application, with all necessary modifications, and with the following specific modifications, namely,—
“(a)
A reference in this Part of this Act to a serious offence shall be read as a reference to a foreign serious offence:
“(b)
A reference in this Part of this Act to a person being charged with a serious offence shall be read as a reference to the commencement in a foreign country of criminal proceedings alleging the commission of a foreign serious offence:
“(c)
The reference in section 42(2)(c) of this Act to a person’s reasonable expenses in defending any criminal proceedings shall be read as including a reference to the person’s reasonable expenses in defending such proceedings in a foreign country.
“(3)
Subject to subsections (4) and (5) of this section, a restraining order made in respect of a foreign serious offence ceases to be in force at the end of the period of 28 days commencing on the day on which the order is made.
“(4)
Where the High Court makes a restraining order in respect of a foreign serious offence, the Court may, on application by the Solicitor-General before the end of the period referred to in subsection (3) of this section, extend the period of operation of the restraining order.
“(5)
Where—
“(a)
A restraining order against property is made in respect of a foreign serious offence; and
“(b)
Before the end of the period referred to in subsection (3) of this section (or, where the period of operation of the order is extended pursuant to subsection (4) of this section, the period as so extended), a foreign restraining order against the property is registered in New Zealand under the Mutual Assistance Act,—
the first-mentioned restraining order shall cease to be in force when the foreign restraining order is registered.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 59
“66b Registered foreign restraining orders
“(1)
Where a foreign restraining order is registered in New Zealand in accordance with section 56 of the Mutual Assistance Act, this Part of this Act (other than sections 47 to 55, 64, 65, and 66), so far as applicable, shall apply in relation to the restraining order with all necessary modifications, and with the following specific modifications, namely,—
“(a)
A reference in this Part of this Act to a restraining order directing the Official Assignee to take custody and control of property shall be read as a reference to an order under section 66c of this Act:
“(b)
A reference in this Part of this Act to an order under section 51(1) of this Act shall be read as a reference to an order under section 66e of this Act:
“(c)
The reference in section 63 of this Act to a restraining order shall be read as a reference to an order under section 66c of this Act.
“(2)
A foreign restraining order registered in New Zealand under the Mutual Assistance Act ceases to be in force when the registration is cancelled in accordance with that Act.
Compare: Proceeds of Crime Act 1987 (Aust.), ss. 60, 65
“66c Management of property under registered foreign restraining order
“(1)
Where a foreign restraining order against property is registered in the High Court under the Mutual Assistance Act, the Court may, if satisfied on application by the Solicitor-General that is desirable to do so, by order direct the Official Assignee to take custody and control of the property, or of such part of the property as is specified in the order.
“(2)
Where an application is made for an order under subsection (1) of this section against property,—
“(a)
The Solicitor-General shall give written notice of the application to—
“(i)
The owner of the property; and
“(ii)
Any other person that the Solicitor-General has reason to believe may have an interest in the property; and
“(iii)
The Official Assignee; and
“(b)
The Court may, at any time before the final determination of the application, direct the Solicitor-General to give or publish notice of the application to a specified person or class of persons, in such manner and within such time as the Court thinks fit; and
“(c)
The owner of the property and any other person who claims an interest in the property are entitled to appear and to adduce evidence at the hearing of the application.
“(3)
Where an order is made under subsection (1) of this section against a person’s property, the Solicitor-General shall give the person written notice of the order.
“(4)
Where an order is made under subsection (1) of this section in respect of property of a person, the Court may, at the time it makes the order or at any later time, make any one or more of the following orders:
“(a)
An order regulating the manner in which the Official Assignee may exercise his or her powers or perform his or her duties pursuant to the order under subsection (1) of this section:
“(b)
An order determining any question relating to the property, including any question relating to—
“(i)
The liabilities of the owner of the property; or
“(ii)
The exercise of the powers, or the performance of the duties, of the Official Assignee pursuant to the order under subsection (1) of this section:
“(c)
An order for the examination, before the Court, or the Registrar of the Court, or the Official Assignee, of any person whose property is subject to the order under subsection (1) of this section, or any other person, concerning the nature and location of the property:
“(d)
An order directing the owner of the property to furnish to the Official Assignee, within the time specified in the order, a statement on oath, setting out such particulars of the property of that person as the Court thinks fit.
“(5)
Where the Official Assignee is given a direction under subsection (1) of this section in relation to any property, the Official Assignee may do anything that is reasonably necessary to preserve the property, including—
“(a)
Taking, or becoming a party to, any civil proceedings affecting the property; and
“(b)
Ensuring that the property is insured; and
“(c)
If the property consists, in whole or in part, of securities or investments, realising or otherwise dealing with the securities or investments; and
“(d)
If the property consists, in whole or in part, of a business, doing anything that is necessary or convenient for carrying on the business.
“(6)
Where the High Court makes an order under paragraph (c) or paragraph (d) of subsection (4) of this section, subsections (5) and (6) of section 47 and section 49 of this Act, so far as applicable and with all necessary modifications, shall apply,—
“(a)
In the case of an order made under subsection (4)(c) of this section, as if that order were an order made under section 47(2)(e)(iii) of this Act:
“(b)
In the case of an order made under subsection (4)(d) of this section, as if that order were an order made under section 47(2)(e)(iv) of this Act.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 61
“66d Undertakings as to damages or costs in relation to foreign restraining order
“(1)
Where—
“(a)
A foreign restraining order against property is registered in the High Court in New Zealand under the Mutual Assistance Act; or
“(b)
The High Court makes an order under section 66c of this Act in respect of property,—
the Court may, on application by a person claiming an interest in the property, make an order requiring the Solicitor-General, on behalf of the Crown, to give or carry out an undertaking with respect to the payment of damages or costs, or both, in relation to the registration, making, or operation of the order.
“(2)
Any money payable by the Crown in satisfaction of any undertaking given under subsection (1) of this section shall be paid out of the Crown Bank Account without further appropriation than this section.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 62
“66e Official Assignee to discharge foreign pecuniary penalty order
“(1)
Where—
“(a)
A foreign restraining order made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act; and
“(b)
A foreign pecuniary penalty order made in reliance on the person’s conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act; and
“(c)
An order has been made or is made under section 66c of this Act directing the Official Assignee to take custody and control of the property,—
the High Court may, by order, direct the Official Assignee to pay to the Crown out of that property, in accordance with this section, an amount equal to the amount payable under that pecuniary penalty order.
“(2)
For the purposes of enabling the Official Assignee to comply with an order under subsection (1) of this section, the Court may, at any time,—
“(a)
Direct the Official Assignee to sell or otherwise dispose of such of the property under the Official Assignee’s control as the Court specifies; and
“(b)
Appoint an officer of the Court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, interest, or right in the property and to do anything necessary to give validity and operation to the deed or instrument.
“(3)
The execution of the deed or instrument by the person so appointed has the same force and validity as if the deed or instrument had been executed by the person who owned or had the estate, interest, or right in the property.
“(4)
Subject to section 60 of this Act, where the Official Assignee is given a direction under subsection (1) of this section in relation to any property, the Official Assignee shall, as soon as practicable after the direction is given,—
“(a)
If the property is money,—
“(i)
Apply the money in payment of the costs recoverable by the Official Assignee under section 63 of this Act in relation to the order under section 66c of this Act in respect of the property; and
“(ii)
Subject to subsection (5) of this section, pay the remainder of the money to the Crown; and
“(b)
If the property is not money,—
“(i)
Sell or otherwise dispose of the property; and
“(ii)
Apply the proceeds of the sale or disposition in payment of the costs recoverable by the Official Assignee under section 63 of this Act in relation to the order under section 66c of this Act in respect of the property; and
“(iii)
Subject to subsection (5) of this section, pay the remainder of those proceeds to the Crown.
“(5)
Notwithstanding anything in subsection (4) of this section, in no case shall the amount applied under paragraph (a)(i) or paragraph (b)(ii) of that subsection exceed the amount payable under the foreign pecuniary penalty order.
“(6)
Where the money or proceeds referred to in paragraph (a)(ii) or paragraph (b)(iii) of subsection (4) of this section, together with the amount applied in payment of the costs recoverable by the Official Assignee under section 63 of this Act, exceed the amount payable under the foreign pecuniary penalty order, the excess shall be paid to the person whose property was subject to the order under section 66c of this Act.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 63(1)–(5)
“66f Payment to Crown discharges foreign pecuniary penalty order
“(1)
Where the Official Assignee, in accordance with a direction under section 66e(1) of this Act, pays money to the Crown in respect of the liability of a person under a foreign pecuniary penalty order, the person’s liability under the order shall, to the extent of the payment, be discharged.
“(2)
Where—
“(a)
A foreign restraining order made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act; and
“(b)
A foreign pecuniary penalty order made in reliance on the person’s conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act; and
“(c)
An order has been made or is made under section 66c of this Act directing the Official Assignee to take custody and control of the property,—
any amount applied under paragraph (a)(i) or paragraph (b)(ii) of subsection (4) of section 66e of this Act in payment of any costs recoverable by the Official Assignee under section 63 of this Act in relation to the order made under section 66c of this Act shall, for the purposes of subsection (1) of this section, be deemed to be money paid to the Crown in respect of the liability of the first-mentioned person under the foreign pecuniary penalty order.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 63(6)
“66g Charge on property subject to foreign restraining order
“(1)
Where—
“(a)
A foreign restraining order made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence is registered in the High Court in New Zealand under the Mutual Assistance Act; and
“(b)
A foreign pecuniary penalty order made in reliance on the person’s conviction of the offence or a related foreign serious offence has been or is registered in the High Court in New Zealand under the Mutual Assistance Act,—
then, upon the registration of the foreign restraining order or the foreign pecuniary penalty order, whichever last occurs, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the amount payable under the foreign pecuniary penalty order.
“(2)
Where a charge is created by subsection (1) of this section on property of a person, the charge ceases to have effect in respect of the property—
“(a)
Upon payment to the Crown of the amount payable under the foreign pecuniary penalty order, where that payment is made in satisfaction of that order; or
“(b)
Upon the person becoming bankrupt; or
“(c)
Upon the sale or disposition of the property,—
“(i)
Pursuant to an order under section 66e of this Act; or
“(ii)
By the owner of the property with the consent of the High Court; or
“(iii)
If the Official Assignee was directed to take custody and control of the property pursuant to an order under section 66c of this Act, by the owner of the property with the consent of the Official Assignee; or
“(d)
Upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge; or
“(e)
Upon the cancellation of the registration of either the foreign pecuniary penalty order or the foreign restraining order, in accordance with the Mutual Assistance Act,—
whichever occurs first.
“(3)
A charge created by subsection (1) of this section on property—
“(a)
Is subject to every encumbrance to which the property was subject immediately before the charge was created and that would, apart from this subsection, have priority over the charge; but
“(b)
Has priority over all other encumbrances, except where—
“(i)
By virtue of prior registration under the provisions of any enactment, another encumbrance is entitled to priority over the charge; and
“(ii)
The person claiming priority by virtue of that prior registration proves that at the time when that person acquired, or became entitled to, the benefit of the encumbrance under which that person claims, that person had no notice of the charge; and
“(c)
Subject to subsection (2) of this section, is not affected by any change of ownership of the property.
Compare: Proceeds of Crime Act 1987 (Aust.), s. 64(1)–(3)
“66h Registration of charge created by foreign restraining order
“(1)
Where a charge is created by section 66g of this Act on property of a particular kind, and the provisions of any New Zealand enactment provide for the registration of title to, or charges over, property of that kind, the Solicitor-General may cause the charge to be registered under the provisions of that enactment.
“(2)
If the charge is registered under subsection (1) of this section, a person who purchases or acquires an interest in the property after the registration of the charge shall, for the purposes of section 66g(2)(d) of this Act, be deemed to have notice of the charge at the time of the purchase or acquisition.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 64(4)
10 Court may make production order
Section 69(1) of the principal Act is hereby amended by omitting from paragraph (a) the expression “section 69(1)(b)”
, and substituting the expression “section 68(1)(b)”
.
11 Production orders in relation to foreign serious offences
The principal Act is hereby amended by inserting, after section 76, the following section:
“76a
“(1)
Where a commissioned officer of the Police is authorised, under section 61 of the Mutual Assistance Act, to apply to a Judge of the High Court for a production order under this Act in respect of a foreign drug-dealing offence, the officer may apply for the order accordingly, and sections 68 to 76 of this Act, so far as applicable and with all necessary modifications, shall apply to the application and to any production order made as a result of the application.
“(2)
Where a member of the Police takes possession of a document pursuant to a production order made in respect of a foreign serious offence, the document may be retained for a period not exceeding 1 month pending a written direction from the Attorney-General as to the manner in which it is to be dealt with, and, if any such direction is given, shall be dealt with in accordance with the direction.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 69
12 Monitoring orders in relation to foreign offences
The principal Act is hereby amended by inserting, after section 81, the following section:
“81a
“(1)
Where a commissioned officer of the Police is authorised, under section 62 of the Mutual Assistance Act, to apply to a Judge of the High Court for a monitoring order under this Act in respect of a foreign drug-dealing offence, the officer may apply for the order accordingly, and sections 77 to 81 of this Act, so far as applicable and with all necessary modifications, shall apply to the application and to any monitoring order made as a result of the application.
“(2)
Where information is supplied to the Commissioner of Police pursuant to a monitoring order made in relation to a foreign drug-dealing offence, the Commissioner shall, as soon as practicable after receiving the information, pass the information on to the Attorney-General.”
Compare: Proceeds of Crime Act 1987 (Aust.), s. 75
This Act is administered in the Department of Justice.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Proceeds of Crime Amendment Act 1992
RSS feed link copied, you can now paste this link into your feed reader.