Proceedings relating to any of the following are civil proceedings:

Proceedings relating to instrument forfeiture orders are proceedings under the Sentencing Act 2002 and, in relation to an appeal from an instrument forfeiture order, subpart 4 of Part 6 of the Criminal Procedure Act 2011.

Property may, but need not, be restrained property or foreign restrained property before it becomes forfeited property or the subject of a foreign forfeiture order registered in New Zealand.

Restrained property converted into another form (converted property) remains restrained property for the purposes of the restraining order to which it is subject and for the purposes of any forfeiture order made in relation to that property, despite the converted property not having been the property that was originally restrained.

Foreign restrained property converted into another form (converted property) remains foreign restrained property for the purposes of any foreign restraining order registered in New Zealand and for the purposes of any foreign forfeiture order registered in New Zealand in relation to that property, despite the converted property not having been the property that was originally restrained.

In proceedings for a restraining order or an assets forfeiture order relating to specific property, an owner of that specific property need not be identified.

Subsection (1) does not apply to proceedings to register a foreign restraining order.

If proceedings for a forfeiture order or to register a foreign forfeiture order in New Zealand involve restrained property or property that was the subject of a foreign restraining order registered in New Zealand, the forfeiture order or the registration of a foreign forfeiture order may be sought on grounds that differ from those on which the restraining order was made or the foreign restraining order was registered.

The significant criminal activity or significant foreign criminal activity on which a civil forfeiture order or registration of a foreign forfeiture order in New Zealand is based does not need to be, or to have been, the subject of any criminal proceedings in New Zealand or a foreign country.

Subsection (2) applies if criminal proceedings are commenced or pending or have been withdrawn or determined in respect of any significant criminal activity that is the basis for—

If this subsection applies, the order or application is not affected by the criminal proceedings, even if any conviction entered in those proceedings is or has been quashed or set aside.

Nothing in this Act restricts a court from making 1 or more of the following types of orders in relation to the same instance of significant criminal activity:

Subsection (1) is subject to section 54(1)(b).

Nothing in this Act restricts a court from registering 1 or more foreign forfeiture orders in New Zealand in relation to the same instance of significant foreign criminal activity.

The following persons may apply for a restraining order:

An application for a restraining order must identify the following:

An application for a restraining order must be made to,—

An applicant for a restraining order must,—

The court hearing an application for a restraining order may, at any time before the application is finally determined, direct the applicant to serve a copy of the application on a specified person or class of persons, in the manner and within the time that the court thinks fit.

A court that receives an application for a restraining order may, on the request of the applicant, consider the application without notice being given to any or all of the persons mentioned in section 21(1)(a) if the court is satisfied that there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to the person or those persons.

If an application is made for a restraining order without notice, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with speedily.

Any provisions of this subpart that relate to restraining orders applied for on notice apply, with any necessary modifications, to restraining orders applied for without notice.

The following persons are entitled to appear and to adduce evidence at the hearing of an application for a restraining order:

Subsection (1) is subject to section 22.

A court hearing an application for a restraining order relating to specific property may, if the court is satisfied it has reasonable grounds to believe that any property is tainted property, make an order that the property (restrained property)—

A restraining order may be made under subsection (1) whether or not there is a respondent in relation to whom the restraining order relates.

A court hearing an application for a restraining order relating to all or part of a respondent’s property may, if the court is satisfied it has reasonable grounds to believe that the respondent has unlawfully benefited from significant criminal activity, make an order that the property it specifies in the order (restrained property)—

A restraining order made under subsection (1) may relate to any of the following:

A court hearing an application for a restraining order relating to an instrument of crime may, if either of the circumstances in paragraph (a) or (b) of subsection (2) exist, make an order that the property it specifies in the order (restrained property)—

The circumstances are—

Subsection (2) applies if a restraining order is made against property of a kind that is covered by a New Zealand enactment that enables the registration of—

If this subsection applies, any authority responsible for administering an enactment of the kind referred to in subsection (1) must, if requested to do so by the applicant for the restraining order, record on the register the particulars of the restraining order.

If the particulars are so recorded on the register, any person who subsequently deals with the property is deemed to have notice of the restraining order at the time of the dealing.

A court may make a restraining order subject to any conditions the court thinks fit including, without limitation, conditions that provide for the following to be met out of a respondent’s restrained property:

Despite subsection (1)(d), a court may not allow any legal expenses to be met out of a respondent’s restrained property.

In determining whether or not to make a restraining order subject to a condition, the court must have regard to the ability of a respondent to meet the reasonable living costs, expenses, or debt concerned out of property that is not restrained property.

In this section a dependant is a person who is dependent on the respondent and who is either or both—

A court may require an applicant for a restraining order, or an applicant for an extension of the duration of a restraining order under section 41, to give satisfactory undertakings with respect to the payment of damages or costs, or both, in relation to the making, operation, or extension of the duration of the restraining order.

A court may decline to make a restraining order or extend the duration of a restraining order if the applicant for the order or extension fails to give the court the undertakings with respect to the payment of damages or costs, or both, that the court requires.

Any expense incurred by the Crown in satisfaction of an undertaking given on behalf of the Crown under subsection (1) may be incurred without further appropriation than this section.

A person (other than the respondent) who has a severable interest in proposed restrained property or restrained property may apply to the court that is to consider, or has considered, the application for a restraining order to have that person’s severable interest excluded from—

The court must exclude a severable interest from proposed restrained property or restrained property at, or after, the time a restraining order is made if the applicant proves on the balance of probabilities—

The court may exclude a severable interest from proposed restrained property or restrained property at, or after, the time a restraining order is made if it considers that it is in the public interest to do so, having regard to all the circumstances, including, without limitation,—

Subsection (2) applies if—

If this subsection applies, any proceeds resulting from the sale of the property that are payable to the mortgagor are, if the restraining order is made, restrained property, despite the proceeds from the sale not being property that the court originally restrained.

A successful applicant for a restraining order may apply to the court that made the restraining order for an order that a disposition or dealing be set aside on the ground that restrained property was disposed of, or otherwise dealt with, in contravention of the restraining order.

On an application under subsection (1), the court may—

An application for a further order may be made by—

The applicant for the further order must serve a copy of the application on—

The following persons are entitled to appear and to adduce evidence at the hearing of an application for a further order:

On an application under section 33(1), a court may, if it considers it appropriate, make further orders in relation to the restrained property (which may, but need not, be an order of any 1 or more of the types referred to in section 35).

A further order may be made—

Without limiting the generality of section 34(1), a court may, on an application under section 33(1), make 1 or more of the following further orders in relation to restrained property:

A person to whom an order made under section 35(c) or (e)(iii) or (iv) applies, is not excused from answering any question, or furnishing any information, on the ground that compliance with that requirement could or would tend to incriminate that person or subject that person to any penalty or forfeiture.

An examination by the Official Assignee under an order made under section 35(e)(iii) is a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

A person required to be examined under an order made under section 35(c) or (e)(iii) must, before being required to comply with any requirements imposed by the order, be given a reasonable opportunity to arrange for a lawyer to accompany the person.

The proceeds of a sale resulting from an order made under section 35(e)(v) are restrained property, despite the proceeds from the sale not being the property that the court originally restrained.

A restraining order expires on the earlier of the following:

Despite subsection (1),—

On the expiry of a restraining order, any further order associated with that restraining order also expires.

A restraining order that is in force at the time that a court declines to make a forfeiture order that is associated with the same property does not expire, if section 37(2)(a) applies, until—

A restraining order made as a result of an application made without notice under section 22 (restraining order A) ceases to be in force on the date that is the end of the period of 7 days commencing on the date on which restraining order A is made.

However, if, before restraining order A expires, an application is made with notice for a restraining order on notice (restraining order B) in relation to the same property to which restraining order A relates (whether or not the application also relates to any other property), restraining order A continues in force until the application for restraining order B is finally disposed of.

An applicant for restraining order B must prosecute the application with all due diligence, and if the applicant does not do so, the court may, on the application of any party to the proceedings, order that the proceedings be struck out.

If an application is made for restraining order B, the court must, so far as it is practicable and consistent with the interests of justice, ensure that the application is dealt with speedily.

A restraining order that relates to an instrument of crime made under section 26(2)(b) expires at the end of the period of 48 hours after the making of the order (the 48-hour period) if the defendant has not been charged with the offence, or a related qualifying instrument forfeiture offence, with which the instrument of crime is associated before the expiry of the 48-hour period.

Subsection (3) applies if—

If this subsection applies, the restraining order expires on the date when—

If a court has made a restraining order, the applicant for that order may, before the restraining order expires, apply to that court to extend its duration.

If an application is made under subsection (1), the court may order that the operation of the restraining order be extended for a period not exceeding 1 year.

The duration of a restraining order may be extended more than once under this section.

If, before a restraining order would otherwise expire under section 37(1), an application is made to a court under this section and the application is granted, the restraining order ceases to be in force on the date specified in the court’s order.

On making any order under section 41(2), the court may vary the restraining order in any way it considers fit, including, without limitation, by specifying whether all or part of the restrained property is to remain subject to the restraining order during the extended period of operation.

An applicant for an order under section 41(1) must serve a copy of the application on any person who, to the knowledge of the applicant, has an interest in the property that is the subject of the application.

The Commissioner may apply for a civil forfeiture order.

An application for a civil forfeiture order must be made to the High Court.

The Commissioner must serve a copy of an application for a civil forfeiture order, so far as is practicable to do so, on every person who, to the knowledge of the Commissioner, has an interest in the property to which the application relates (including, if applicable, the respondent).

The Commissioner must also serve a copy of the application on the Official Assignee.

On an application for a civil forfeiture order, the High Court may, at any time before the application is finally determined, direct the Commissioner to serve notice of the application on a specified person or class of persons, in the manner and within the time the Court thinks fit.

The following persons are entitled to appear and to adduce evidence at the hearing of an application for a civil forfeiture order:

The High Court may amend an application for a civil forfeiture order—

However, the Court must not amend an application for a civil forfeiture order to include additional property, proceeds, or benefits unless the Court is satisfied that—

If the Court amends an application under this section, the Court must direct the Commissioner to serve notice of the amendment on—

Subsection (2) applies if an application is made for a civil forfeiture order against property of a kind that is covered by a New Zealand enactment that enables the registration of—

If this subsection applies, the High Court hearing the application may, at any time before finally determining it, order any authority responsible for administering an enactment of the kind referred to in subsection (1) (an Authority) to enter on the register a note of the fact that an application has been made for a civil forfeiture order against the property.

The Court must order an Authority to cancel an entry made on a register under subsection (2) if—

The Commissioner must specify the following in an application for an assets forfeiture order:

If, on an application for an assets forfeiture order, the High Court is satisfied on the balance of probabilities that specific property is tainted property, the Court must make an assets forfeiture order in respect of that specific property.

Subsection (1) is subject to section 51.

The Court must specify in an assets forfeiture order the property to which the order applies and that the property—

Despite subsection (1), the Court may not make an assets forfeiture order in relation to property that no person has claimed an interest in, unless the Court is satisfied, on the balance of probabilities, of the following additional matters:

If any property that is land is vested in the Crown absolutely as a consequence of an assets forfeiture order made under subsection (3), an interest recorded on the title to the land that is not affected by the assets forfeiture order is not extinguished.

The High Court may, on an application made by the respondent before an assets forfeiture order is made, exclude certain property from an assets forfeiture order if it considers that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the respondent if the property is included in the assets forfeiture order.

The circumstances the Court may have regard to under subsection (1) include, without limitation,—

An application for a profit forfeiture order must—

If the Commissioner proves, on the balance of probabilities, that the respondent has, in the relevant period of criminal activity, unlawfully benefited from significant criminal activity, the value of that benefit is presumed to be the value stated in—

The presumption stated in subsection (1) may be rebutted by the respondent on the balance of probabilities.

Before the High Court makes a profit forfeiture order, the Court must determine the maximum recoverable amount by—

In determining the value of any property under subsection (1)(b), the Court may, at its own discretion or at the request of either party to the proceedings, seek an independent valuation as to the value of the property.

If an assets forfeiture order relating to a determination under this section is discharged on appeal, the Court may, on application by the Commissioner, vary the maximum recoverable amount in the profit forfeiture order to reflect that there is no longer a deduction to be made on account of the assets forfeiture order.

The High Court must make a profit forfeiture order if it is satisfied on the balance of probabilities that—

The order must specify—

Subsections (1) and (2) are subject to section 56.

A profit forfeiture order is enforceable as an order made as a result of civil proceedings instituted by the Crown against the person to recover a debt due to it, and the maximum recoverable amount is recoverable from the respondent by the Official Assignee on behalf of the Crown as a debt due to the Crown.

The High Court may, on an application made by the respondent before a profit forfeiture order is made, exclude certain property from being able to be realised under section 55(2)(c) if it considers that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the respondent if the property were realised.

The circumstances the Court may have regard to under subsection (1) include, without limitation,—

After a profit forfeiture order is made, nothing in this section prohibits a respondent from realising the property that was excluded from being able to be realised under section 55(2)(c) if—

The High Court may make a profit forfeiture order even if the respondent has absconded.

In subsection (1), a respondent has absconded if the respondent—

If the High Court is satisfied that a respondent has effective control over property, the Court may, on an application made by the Commissioner, order that the property is to be treated as though the respondent had an interest in the property specified by the Court.

An order under subsection (1) may—

Without limiting the generality of subsections (1) and (2), the Court may have regard to—

Property that is subject to an order under subsection (1) may be included in any profit forfeiture order and in any restraining order that is made against the respondent.

If the Commissioner applies for an order under subsection (1),—

In making a civil forfeiture order, the High Court may do either or both of the following:

Without limiting the generality of subsection (1)(b), if a Court makes a civil forfeiture order against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the Court may direct an officer of the Court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document.

Part 4 of the Search and Surveillance Act 2012 (except subpart 6), so far as applicable and with all necessary modifications, applies in relation to a warrant issued under subsection (2) as if it were a warrant issued under section 101 to a member of the police.

Nothing in section 50 or 55 affects the operation of section 89 of the Land Transfer Act 2017 in relation to a civil forfeiture order made in respect of an estate or interest in land under that Act.

If the High Court makes a civil forfeiture order in respect of an estate or interest in land, the order must be transmitted by the Registrar of the Court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 2017 or the Deeds Registration Act 1908, as the case may require.

At any time after an application for a civil forfeiture order has been made and before the civil forfeiture order is made or declined, a person (other than the respondent) who claims an interest in the property sought to be forfeited under a civil forfeiture order may apply for an order for relief.

Subsection (2) applies at any time after a civil forfeiture order is made and before—

A person (other than the respondent) who claims an interest in the property to which the civil forfeiture order relates may apply for an order for relief.

However, if the applicant who seeks relief appeared at the hearing of the application or amended application for the civil forfeiture order or was served with that application, the Court may not grant relief in the absence of special reasons.

Special reasons under subsection (3) include, without limitation, that the Court is satisfied—

An application for an order for relief from a civil forfeiture order made under section 61 or 62 must specify the following:

An applicant for an order for relief from a civil forfeiture order made under section 61 or 62 must serve notice of the application on the following persons:

The following persons are entitled to appear and to adduce evidence at the hearing of an application for an order for relief from a civil forfeiture order made under section 61 or 62:

On receipt of an application for an order for relief from a civil forfeiture order under section 61 or 62, the High Court must grant the relief that the Court considers appropriate if the applicant proves on the balance of probabilities that the applicant—

The High Court may make an order for relief under this section at or after the time the associated civil forfeiture order is made.

On an application for an order for relief from a civil forfeiture order under section 61 or 62, the High Court may grant the application if it considers that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to the applicant if relief is not granted.

The circumstances the Court may have regard to under subsection (1) include, without limitation,—

If the High Court grants relief from a civil forfeiture order under section 66 or 67 in respect of a severable interest it must,—

A High Court that grants relief from a civil forfeiture order under section 66 or 67 in respect of an interest that is not severable from the property that is, or is to be, the subject of a civil forfeiture order must direct the Crown to pay the applicant an amount equal to the value of that interest.

An instrument forfeiture order made under section 142N of the Sentencing Act 2002 must specify the property to which the instrument forfeiture order relates and that the property—

If any property that is land is vested in the Crown absolutely as a consequence of an instrument forfeiture order made under subsection (1), an interest recorded on the title to the land that is not affected by the instrument forfeiture order is not extinguished.

In making an instrument forfeiture order, the court may do all or any of the following:

Without limiting the generality of subsection (1)(b), if a court makes an instrument forfeiture order against any property the title to which is passed by registration on a register maintained under any New Zealand enactment, the court may direct an officer of the court to do anything reasonably necessary to obtain possession of any document required to effect the transfer of the property and for that purpose may, by warrant, authorise an officer to enter and search any place or thing and seize any document.

Part 4 of the Search and Surveillance Act 2012 (except subpart 6), so far as applicable and with all necessary modifications, applies in relation to a warrant issued under subsection (2) as if it were a warrant issued under section 101 to a member of the police.

Nothing in section 70 affects the operation of section 89 of the Land Transfer Act 2017 in relation to an instrument forfeiture order made in respect of an estate or interest under that Act.

If a court makes an instrument forfeiture order in respect of an estate or interest in land, the order must be transmitted by the registrar of the court to the Registrar-General of Land or the Registrar of Deeds, as the case may be, for the purposes of registration under the Land Transfer Act 2017 or the Deeds Registration Act 1908, as the case may require.

Unless a court that makes an instrument forfeiture order grants leave, property forfeited to the Crown under the instrument forfeiture order must not be disposed of, or otherwise dealt with, by or on behalf of the Crown by the Official Assignee under section 85, until the expiry of the relevant appeal period.

On the expiry of the relevant appeal period, if the instrument forfeiture order has not been discharged under section 74, the property may be disposed of, or otherwise dealt with, by the Official Assignee in accordance with section 85.

The expiry of the relevant appeal period is—

If a court makes an instrument forfeiture order as part of the sentence or orders imposed on a person convicted of a qualifying instrument forfeiture offence, and the conviction is subsequently quashed, the quashing of the conviction discharges the instrument forfeiture order.

If an instrument forfeiture order is discharged as provided in subsection (1) or by a court hearing an appeal against the making of the order, the prosecutor must—

If an instrument forfeiture order is discharged in either of the ways referred to in subsection (2), the Official Assignee must,—

In any case where there is any question as to how to exercise his or her powers under section 74(3), the Official Assignee may apply to a court for directions concerning the matter, and the court may give any directions in the matter that it considers just.

If an application is made under subsection (1),—

If, on any application for relief made under section 142J of the Sentencing Act 2002 in respect of any interest in any property, a court has made an order under section 142L(2)(b)(ii) or 142M(2)(a) of that Act, an amount equal to the amount payable by the Crown under that order must be deducted from any amount required to be paid, under section 74(3)(b), to that applicant in respect of that interest.

A person (other than a person referred to in subsection (2)) may make an application for relief from an instrument forfeiture order under section 142J of the Sentencing Act 2002—

A person who has been convicted of the qualifying instrument forfeiture offence to which a notice issued under section 142B of the Sentencing Act 2002 relates may not make an application for relief under section 142J of that Act in respect of any interest in property described in that notice.

If a court makes an instrument forfeiture order under section 142N of the Sentencing Act 2002, any person (other than the person who has been convicted of the qualifying instrument forfeiture offence to which a notice issued under section 142B of the Sentencing Act 2002 relates) who claims to be a former interest holder in the property that is the subject of the order may appeal against the making of the order.

For the purposes of subsection (1),—

Any appeal by an offender against sentence does not affect the right of any other person who claims to have an interest in the property that is the subject of the appeal to bring an appeal under this section.

If an appeal by any person against the making of an instrument forfeiture order is successful, the court that allows the appeal may exercise the same powers in respect of any sentence or order imposed on the offender as it would be able to exercise on an appeal against sentence brought by the prosecutor or the offender.

The Official Assignee may do anything reasonably necessary to preserve the value of—

Without limiting the generality of subsection (1), the Official Assignee may do any of the following:

The Official Assignee is not personally liable for the payment of any rates, land tax, or other statutory charge imposed by or under any enactment in respect of restrained property or foreign restrained property in his or her custody and control under a restraining order or foreign restraining order registered in New Zealand, or in respect of any other property in his or her custody and control under section 111 unless—

The Official Assignee may not make mortgage payments in relation to restrained property or foreign restrained property unless directed by the court that made the restraining order or registered the foreign restraining order to do so out of the restrained property or foreign restrained property.

If a court makes an assets forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the specified period (as described in subsection (2)), dispose of the property specified in the order and apply the money resulting from the disposal as follows:

The specified period expires—

Despite subsections (1) and (2), if the period for bringing an appeal against the assets forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee—

If the High Court makes a profit forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the specified period (as described in subsection (2)), dispose of the property specified in the order and apply the money resulting from the disposal as follows:

The specified period expires—

Despite subsections (1) and (2), if the period for bringing an appeal against the profit forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee—

Subsection (1)(d)(ii) does not prevent the Official Assignee from recovering, by any lawful means, the balance of the maximum recoverable amount that remains due to the Crown, after the Crown is paid a sum less than the maximum recoverable amount under the provision.

This section is subject to section 84 and any regulations made under section 173(d).

If, after a profit forfeiture order is made, the Official Assignee is given notice in writing of the filing of a creditor’s application in respect of the person under section 13 of the Insolvency Act 2006, the Official Assignee must, until the petition has been withdrawn or been disposed of, refrain from taking, or continuing to take, any of the following actions:

If a person whose property is the subject of a profit forfeiture order becomes bankrupt, the property that is the subject of the profit forfeiture order, if it has not yet been disposed of, ceases to be in the custody and control of the Official Assignee and is deemed to be vested in the Assignee of the bankrupt’s property under section 101 of the Insolvency Act 2006.

A profit forfeiture order made against a person is provable in the bankruptcy of that person.

To avoid doubt, subsection (3) applies despite anything in section 232(2) of the Insolvency Act 2006.

If a court makes an instrument forfeiture order, the Official Assignee must, as soon as practicable after the expiry of the relevant appeal period (defined in section 73(3)), dispose of the property specified in the order and apply the money resulting from the disposal as follows:

If a foreign forfeiture order is registered in New Zealand, the Official Assignee must, as soon as practicable after the expiry of the specified period (described in subsection (2)), dispose of the property specified in the order by—

The specified period expires—

Despite subsections (1) and (2), if the period for bringing an appeal against the registration of a foreign forfeiture order has expired and no appeal has been filed or all appeals have been withdrawn or finally determined, the Official Assignee—

The Official Assignee is entitled to recover, in respect of the exercise or performance by the Official Assignee or any delegate of the Official Assignee of functions or powers under this Act in respect of property, costs as may be prescribed or provided for in regulations made under this Act, if the Official Assignee—

For the purposes of subsection (1), the costs that may be prescribed or provided for in regulations made under this Act include—

The Official Assignee may from time to time—

A delegation under subsection (1)—

The power of the Official Assignee to delegate under subsection (1) does not limit any power of delegation conferred on the Official Assignee by any other Act.

A person to whom any functions or powers are delegated under section 88 may exercise or perform those functions or powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this section and not by delegation.

Despite subsection (1), any delegated functions or powers must be exercised subject to any general or special directions given or conditions imposed by the Official Assignee.

A person purporting to act pursuant to any delegation under section 88 must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under section 88 may be made—

No delegation under section 88 may—

Any person purporting to exercise or perform any functions or powers of the Official Assignee by virtue of a delegation under section 88 must, when required to do so, produce evidence of that person’s authority to exercise or perform the functions or powers.

Every delegation under section 88 is revocable in writing.

A delegation under section 88, until it is revoked, continues in force according to its tenor, even though the Official Assignee by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of the Official Assignee.

In this subpart, unless the context otherwise requires, Commissioner includes any member of the police to whom the powers, functions, or duties of the Commissioner under this Act are delegated.

In any matter relating to any decision to investigate any person or property or to take any proceedings under this Act, the Commissioner is not responsible to the Attorney-General or any other Minister of the Crown and must act independently.

Nothing in this section limits or affects any power that may be exercised by the Attorney-General in relation to any proceedings.

This section applies if any person makes any challenge in any proceeding in any court in respect of—

If this section applies, until a final decision (as described in subsection (4)) in relation to those proceedings is given, the power or duty may be, or may continue to be, exercised or discharged as if no such proceedings of that kind had been commenced, and no person is excused from fulfilling any obligation under this Act by reason of those proceedings.

This section applies despite any other provision of any enactment or rule of law or equity.

A final decision does not include a decision in proceedings for an interim order under section 15 of the Judicial Review Procedure Act 2016.

This section applies in any case where it is declared, in a final decision given in any proceedings in respect of the exercise of any powers conferred on the Commissioner by this Act, that the exercise of any powers conferred on the Commissioner by this Act is unlawful.

If this section applies, to the extent to which the exercise of those powers is declared unlawful the Commissioner must ensure that immediately after the decision of the court is given—

Despite subsection (2), the court may, in the court’s discretion, order that any information, record, or copy of any document or extract from a document may, instead of being destroyed,—

No information obtained, and no documents or extracts from documents or other things removed, as a consequence of the exercise of any powers declared to be unlawful, and no record of any such information or documents,—

The Commissioner may enter into a settlement with any person as to the property or any sum of money to be forfeited to the Crown.

A settlement does not bind the parties unless the High Court approves it.

The High Court must approve the settlement if it is satisfied that it is consistent with—

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.

Any person who is appointed by the Commissioner to investigate the affairs, or any aspect of the affairs, of any other person may be authorised by the Commissioner—

Any person appointed under subsection (1) is deemed to be a member of the police for the purposes of the investigation in respect of which he or she is appointed.

For the purposes of this section,—

No obligation as to secrecy or other restrictions imposed by any enactment or otherwise on the disclosure of information prevents—

Information obtained under subsection (2)(b) must not be disclosed, except—

Any disclosure of information under this section must be in accordance with arrangements made from time to time in writing between the Commissioner of Inland Revenue and the Commissioner of Police, which may include arrangements—

This section and section 99 do not apply to any matters associated with a foreign restraining order or a foreign forfeiture order.

The Commissioner of Police must ensure that the information obtained under section 98 is destroyed as soon as it appears that no proceedings, or no further proceedings, will be taken in which the information would be likely to be required to be produced in evidence.

Nothing in subsection (1) applies to—

In this subpart, unless the context otherwise requires,—

Any Judge may issue a warrant to search any place or thing, if the Judge is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, that there are reasonable grounds for believing that property or evidence of the kind referred to in subsection (2) is in or on the place or thing, or will come into or onto the place or thing, while the warrant is in force.

The property or evidence in respect of which a search warrant may be issued under subsection (1) is—

An application for a warrant under subsection (1) may be made—

A warrant may be issued under subsection (1) whether or not a charging document has been filed in respect of the relevant qualifying instrument forfeiture offence.

However, if a charging document has not been filed in respect of that offence at the time when the application for the warrant is made, the Judge must not issue a warrant unless the Judge is satisfied that a charging document will be filed in respect of the offence within 48 hours of the issue of the warrant.

Any Judge may issue a warrant to search any place or thing if, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, the Judge is satisfied that there are reasonable grounds for believing property or evidence of the kind referred to in subsection (2) is in or on the place or thing, or will come into or onto the place or thing, while the warrant is in force.

The property or evidence in respect of which a warrant may be issued under subsection (1) is—

An application for a warrant under subsection (1) may be made—

A warrant may not be issued under subsection (1) in respect of any evidence or property solely because it is believed to relate to, or be, an instrument of crime.

If any property is seized pursuant to a warrant issued under section 101 or 102(1) (other than documents or other material believed to be evidence establishing the nature and extent of any person’s interest in or control over an instrument of crime or any other property), the Commissioner must arrange for the property to be placed in the custody and control of the Official Assignee as soon as practicable after it is seized, unless otherwise directed by the court that issued the warrant.

The Commissioner may apply to a Judge for a production order under section 105 if the Commissioner has reason to believe that a person has possession or control of documents that are relevant to an investigation by the Commissioner under this Act or to any proceedings under this Act.

Every application under this section must be made in the manner provided in relation to a search warrant in sections 99 and 100 of the Search and Surveillance Act 2012, and must contain the following particulars:

Every person commits an offence who makes an application for a production order that contains any assertion or other statement known by the person to be false.

Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year.

If an application is made under section 104, the Judge may, if satisfied that the Commissioner has reasonable grounds for applying for the order, make an order that the person—

Every production order must contain the following particulars:

An order made under subsection (1) is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).

A Judge must not make an order under subsection (1) unless the application contains, or the applicant otherwise supplies to the Judge, any information that the Judge requires concerning the grounds on which the order is sought.

If any document is produced under this section, the Commissioner may do any one or more of the following things:

If any person is required to produce any document under this section and fails to do so, the Commissioner may require that person to state to the best of his of her knowledge or belief where the document is.

The Commissioner may apply to a Judge for an examination order under section 107 if the Commissioner has reason to believe that a person is able—

Every application under this section must be made in the manner provided in relation to a search warrant in sections 99 and 100 of the Search and Surveillance Act 2012, and must contain the following particulars:

Every person commits an offence who makes an application for an examination order that contains any assertion or other statement known by the person to be false.

Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year.

If an application is made under section 106, the Judge may, if satisfied that the Commissioner has reasonable grounds to apply for the examination order, make an order that the person do 1 or more of the things specified in subsection (3) at the time and place specified in the order.

An order under subsection (1) must contain the following particulars:

The things referred to in subsection (1) are—

If any document is produced under this section, the Commissioner may do any one or more of the following things:

If any person is required to produce any document under this section and fails to do so, the Commissioner may require that person to state, to the best of his or her knowledge and belief, where the document is.

If any person is required to supply any information under this section, and does so by producing a document containing that information, the powers conferred by subsection (4) apply in all respects to that document.

Any person who is required to attend before the Commissioner under this section must, before being required to comply with any requirements imposed under this section, be given a reasonable opportunity to arrange for a lawyer to accompany him or her.

The Commissioner may, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, apply to any Judge for a warrant to search any thing or place specified in the application.

Any Judge may issue a warrant if the Judge is satisfied—

This section applies if—

If this section applies, then despite the fact that the disclosure would otherwise constitute a breach of an obligation of secrecy or non-disclosure, the disclosure by that person, of that information in accordance with this Act is not a breach of that obligation of secrecy or non-disclosure or (where applicable) of any enactment by which that obligation is imposed.

Any Judge may issue a warrant to search any place or thing if, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, the Judge is satisfied—

The property in respect of which a search warrant may be issued under subsection (1) is—

An application for a warrant under subsection (1) may be made—

The Official Assignee may not make an application under subsection (1) in respect of any property referred to in subsection (2)(a) unless—

If property is seized pursuant to a warrant issued under section 110, or transferred to the Official Assignee under section 103, the Official Assignee must arrange for the property to be kept until it is dealt with in accordance with another provision of this Act.

If any property is seized pursuant to a warrant issued under section 110 or transferred to the Official Assignee under section 103 the property must, unless it is the subject of a forfeiture order, be returned to the person,—

This section is subject to section 113.

Subsection (2) applies if—

If a forfeiture order is made in respect of any property that is in the possession of the Official Assignee under section 111 or subsequently comes into the possession of the Official Assignee, the Official Assignee must deal with the property as required by the order.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 6) apply in respect of every search warrant applied for, or issued, under this Act.

The provisions of subpart 6 of Part 4 of that Act apply to evidence seized under sections 101(2)(a), and 102(2)(b) and (c).

Every order issued under this subpart must be in the prescribed form.

Any information or document is sufficiently specified in an order of that kind if the information or document is described—

The time at which any thing is required to be done is sufficiently specified in an order of that kind if the time is described as—

Every order under this subpart that requires attendance before the Commissioner must inform the person to whom it is addressed that the person may, if that person so wishes, be accompanied by a lawyer.

Every order under this subpart must inform the person to whom it is addressed of the relevant offences set out in subpart 9.

A member of the police, if authorised under section 59(2)(a) of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 101, may apply for a search warrant of that kind.

Sections 101(1) to (3), 103, 112, and 113 apply, with any necessary modifications, to an application under subsection (1).

The Commissioner, if authorised under section 59(2)(b) of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 102, may apply for a search warrant of that kind.

Sections 102, 103, 112, and 113 apply, with any necessary modifications, to an application under subsection (1).

The Official Assignee, if authorised under section 59(2)(c) of the Mutual Assistance in Criminal Matters Act 1992 to apply for a search warrant under section 110, may apply for a search warrant of that kind.

Sections 110 to 113 apply, with any necessary modifications, to an application under subsection (1).

Part 4 of the Search and Surveillance Act 2012 (except subpart 6) applies, with any necessary modifications, to an application for a warrant made under any of sections 124 to 126.

The Commissioner may apply for an interim foreign restraining order if authorised by the Attorney-General under section 60 of the Mutual Assistance in Criminal Matters Act 1992.

An application under subsection (1) is an application made without notice.

Subpart 2 of Part 2 (except sections 21, 22(1), and 37 to 42) applies to an application made under subsection (1)—

An interim foreign restraining order is to be treated in all respects (other than under sections 37 to 42) as if it were a restraining order.

This section applies, with any necessary modifications, to an application for a restraining order made under section 112 of the International Crimes and International Criminal Court Act 2000.

An interim foreign restraining order expires when the earlier of the following occurs:

Despite subsection (1), if the duration of an interim foreign restraining order is extended by a court, the interim foreign restraining order expires on the date specified by the court under section 130.

If a court has made an interim foreign restraining order, the applicant for that order may, before the interim foreign restraining order expires, apply to that court to extend its duration.

If an application is made under subsection (1), the court may order that the interim foreign restraining order be extended for a period not exceeding 3 months.

The duration of an interim foreign restraining order may be extended more than once under this section.

If, before an interim foreign restraining order would otherwise expire under section 129(1), an application is made to a court under this section and the application is granted, the interim foreign restraining order ceases to be in force on the date specified in the court’s order, unless it is further extended on an application under this section.

On making an order under section 130, the court may vary the interim foreign restraining order in any way it considers fit, including, without limitation, by specifying whether all or part of the property is to remain subject to the interim foreign restraining order during the extended period of operation.

An applicant for an order under section 130 must serve, so far as is practicable, a copy of the application on any person who, to the knowledge of the applicant, has an interest in the property that is the subject of the application.

The Commissioner may apply to register a foreign restraining order in New Zealand if authorised by the Attorney-General under section 54 of the Mutual Assistance in Criminal Matters Act 1992.

If authorised to register a foreign restraining order in New Zealand under section 54 of the Mutual Assistance in Criminal Matters Act 1992, the Commissioner may apply to the High Court.

The following sections of subpart 2 of Part 2 apply, with all necessary modifications, if an application is made to register a foreign restraining order in New Zealand under section 54 of the Mutual Assistance in Criminal Matters Act 1992 or an application is made to register a restraining order under section 112(2) of the International Crimes and International Criminal Court Act 2000:

Without limiting subsection (1), a reference in any of the provisions listed in subsection (1) to a restraining order must be read as a reference to a foreign restraining order.

Sections 30 and 31 (relating to relief) apply in relation to a foreign restraining order registered in New Zealand only if the person applying for relief,—