The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These rules are administered by the Ministry of Justice.

Pursuant to section 90 of the Proceeds of Crime Act 1991, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.

1	Title and commencement
2	Interpretation
3	Form of order directing entry of note of application for forfeiture order
	Schedule
	Explanatory note
	Gazette Information
	Notes

Rules

1 Title and commencement

(1)

These rules may be cited as the Proceeds of Crime Rules 1992.

(2)

These rules shall come into force on 1 July 1992.

2 Interpretation

(1)

In these rules, unless the context otherwise requires, the Act means the Proceeds of Crime Act 1991.

(2)

Expressions not defined in these rules but defined in the Act have, in these rules, the meanings so defined.

3 Form of order directing entry of note of application for forfeiture order

(1)

An order made under section 11 of the Act directing any authority to enter on a register a note of the fact that an application has been made for a forfeiture order against property shall be in the form set out in the Schedule.

(2)

Where any such order is made by a court, the Registrar of the court shall, as soon as practicable after the making of the order, cause a copy of the order to be delivered or posted to the authority to whom the direction contained in the order relates.

Schedule

r 3

Form Order directing entry of note of application for forfeiture order

Section 11(1), Proceeds of Crime Act 1991

[General heading required by the High Court Rules or the District Courts Rules 1992, as appropriate]

Whereas on [date] the Solicitor-General applied to this court for a forfeiture order against the following property: [property to which the application relates].

And whereas [New Zealand enactment] provides for the registration of title to (or charges over) property of that kind.

Now, therefore, the court, by this order, directs [authority responsible for administering the New Zealand enactment specified in the preceding paragraph] to enter on the register a note of the fact that an application has been made under the Proceeds of Crime Act 1991 for a forfeiture order against the property.

Dated at: [place, date].

High Court Judge/District Court Judge

Bob MacFarlane,
Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 July 1992, relate to proceedings under the Proceeds of Crime Act 1991. The rules prescribe a form for the purposes of orders made under section 11(1) of that Act, which relates to the notification of the making of an application for a forfeiture order in respect of property.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 June 1992.

Notes

1 General

This is a consolidation of the Proceeds of Crime Rules 1992 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Criminal Proceeds (Recovery) Act 2009 (2009 No 8): section 171

Proceeds of Crime Rules 1992