1 Title

2 Commencement

3 Purpose

4 Overview

5 Interpretation

6 Meaning of significant criminal activity

7 Meaning of unlawfully benefited from significant criminal activity

8 Parts 1 and 2 to bind the Crown

9 Application

10 Nature of proceedings

11 Restraint not necessary before forfeiture

12 Conversion of restrained property and foreign restrained property

13 No identifiable owner required for certain proceedings relating to specific property

14 Differing grounds for restraining and later forfeiting property

15 No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order

16 Quashing criminal proceedings does not impact on civil forfeiture

17 Multiple forfeiture orders and foreign forfeiture orders

18 Applying for restraining order

19 Application for restraining order to identify proposed restrained property, respondent (if any), and interest holders

20 Court to which application for restraining order made

21 Application for restraining order on notice

22 Application for restraining order without notice

23 Who may be heard at hearing for restraining order

24 Making restraining order relating to specific property

25 Making restraining order relating to all or part of respondent’s property

26 Making restraining order relating to instrument of crime

27 Registration of restraining orders on registers

28 Conditions on restraining order

29 Undertakings as to damages or costs in relation to restraining orders

30 Excluding severable interest from restrained property

31 Excluding severable interest from restrained property when applicant mortgagee

32 Certain disposition or dealing set aside from restrained property

33 Applying for further orders

34 Making further orders

35 Types of further order

36 Impact of certain further orders

37 Duration of restraining orders and further orders

38 Duration of restraining order when application for forfeiture order declined

39 Duration of restraining order when application without notice

40 Duration of restraining order relating to instrument of crime in certain circumstances

41 Extending duration of restraining order

42 Additional matters relating to extending duration of restraining order

43 Who may apply

44 Application to High Court

45 Application for civil forfeiture order on notice

46 Who may be heard at hearing for civil forfeiture order

47 Amending application for civil forfeiture order

48 Notice of application for civil forfeiture order may be recorded on registers

49 Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known)

50 Making assets forfeiture order

51 Exclusion of respondent’s property from assets forfeiture order because of undue hardship

52 Contents of application for profit forfeiture order

53 Value of benefit presumed to be value in application

54 High Court must determine maximum recoverable amount

55 Making profit forfeiture order

56 Exclusion of respondent’s property from profit forfeiture order because of undue hardship

57 Profit forfeiture order if respondent has absconded

58 Court may treat effective control over property as interest in property

59 Additional matters in respect of making civil forfeiture order

60 Civil forfeiture order relating to land

61 Person (other than respondent) may apply for relief before civil forfeiture order made or declined

62 Person (other than respondent) may apply for relief for limited period after civil forfeiture order made

63 Application for relief from civil forfeiture order to identify nature and reasons for relief sought

64 Application for relief from civil forfeiture on notice

65 Appearing at hearing for relief from civil forfeiture order

66 Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity

67 Making order for relief from civil forfeiture order on grounds of undue hardship

68 Matters associated with relief from civil forfeiture order when interest severable

69 Matters associated with relief from civil forfeiture order when interest not severable

70 Effect of instrument forfeiture order

71 Additional matters in respect of making instrument forfeiture order

72 Instrument forfeiture order relating to land

73 Time restraints on disposal of property forfeited under instrument forfeiture order

74 Discharge of instrument forfeiture order on appeal or quashing of conviction

75 Official Assignee may apply for directions regarding discharge of instrument forfeiture order under section 74

76 Double benefit not permitted

77 Applications for relief from instrument forfeiture order

78 Third party appeals from instrument forfeiture order

79 Power of appeal court to vary offender’s sentence

80 Preserving value of certain property

81 Official Assignee not liable for certain payments on certain property

82 Discharge of assets forfeiture order by Official Assignee

83 Discharge of profit forfeiture order by Official Assignee

84 Bankruptcy in relation to profit forfeiture order

85 Discharge of instrument forfeiture order by Official Assignee

86 Discharge by Official Assignee of foreign forfeiture order registered in New Zealand

87 Costs recoverable by Official Assignee

88 Delegation by Official Assignee

89 Acting under delegation from Official Assignee

90 Revocation of delegation from Official Assignee

91 Interpretation

93 Independence

95 Effect of proceedings relating to Commissioner's powers and duties

96 Effect of final decision that exercise of powers unlawful

97 High Court must approve settlement between Commissioner and other party

98 Delegation of functions or powers of Commissioner of Police

99 Exercise of powers by outside investigators

104 Disclosure to Commissioner of Police of information held by Inland Revenue Department

105 Destruction of information supplied under section 104

106 Interpretation

107 Police may obtain warrant to search for and seize evidence and property

109 Commissioner may obtain warrant to search for and seize evidence and property

110 Commissioner to transfer property to Official Assignee

112 Application for production order

113 Court may make production order

113A Application for examination order

114 Power to require attendance before Commissioner, production of documents, etc

115 Power to obtain search warrant for non-compliance with production order or examination order

115A Immunity from liability for disclosure of information under this Act

116 Official Assignee may apply for warrant to search for and seize property

117 Official Assignee to hold property

118 Return of seized property

119 Retention of seized property if forfeiture order made

120 Application of sections 121 to 128

121 Application for search warrant

122 Form and content of search warrant

123 When search warrant is executed

124 Powers conferred by search warrant

125 Powers of persons called to assist

126 Person executing warrant to produce evidence of authority

127 Inventory of items seized

128 Compliance with certain provisions unnecessary in some circumstances

129 Form and content of orders

130 Warrants associated with foreign restraining orders and foreign forfeiture orders

131 Powers of Commissioner in relation to warrants associated with foreign restraining orders and foreign forfeiture orders

132 Powers of Official Assignee in relation to warrants associated with foreign restraining orders and foreign forfeiture orders

133 Provisions associated with foreign restraining orders and foreign forfeiture orders

134 Interim foreign restraining order

135 Expiry of interim foreign restraining orders

136 Extending duration of interim foreign restraining order

137 Additional matters relating to extending duration of interim foreign restraining order

138 Who may apply to register foreign restraining order

139 Application to register foreign restraining order made to High Court

140 Provisions of subpart 2 of Part 2 applying to registering foreign restraining orders

141 Effect of registering foreign restraining order in New Zealand

142 Duration of foreign restraining order registered in New Zealand and associated further orders

143 Duration of registration of foreign restraining order when application without notice

144 Extension of duration of registration of foreign restraining order

145 Additional matters relating to extension of registration of foreign restraining order

146 Exclusion of interest from foreign restraining order registered in New Zealand

147 Who may apply to register foreign forfeiture order

148 Application to register foreign forfeiture order made to High Court

149 Notice of registration of foreign forfeiture order

149A Provisions of subpart 3 of Part 2 applying to registering foreign forfeiture orders

150 Registering foreign forfeiture order

151 Notice of registration of foreign forfeiture order may be recorded on registers

152 Additional matters in respect of registering foreign forfeiture order

153 Registering foreign forfeiture order relating to land

154 Relief from foreign forfeiture order registered in New Zealand

154 Relief from foreign forfeiture order registered in New Zealand

155 High Court may grant relief from foreign forfeiture order registered in New Zealand

156 Contravention of restraining orders or foreign restraining orders

157 Contravention of forfeiture orders or foreign forfeiture orders

158 Failing to comply with orders and search warrants

159 Search order not to be disclosed

160 Offence to disclose existence or operation of search order

161 Offence of obstruction

163 Compliance not actionable

164 Indemnity for enforcement officers

165 Operation of other laws not affected

166 Duties as to confidentiality generally overridden

167 Legal professional privilege

167A Privilege in relation to tax advice

168 Certain provisions not to apply to police, Inland Revenue, Statistics, and Reserve Bank officers

169 Privilege against self-incrimination no excuse

170 Admissibility of evidence

171 Admissibility of self-incriminating statements

172 Admissibility of evidence given to court or Official Assignee

173 Arrangements to avoid operation of Parts 1 and 2 or Sentencing Act 2002

174 Giving of notices

175 Effect of death

176 Effect of death of joint owner of restrained property

177 Repeal

178 Proceeds of Crime Act 1991 continues in force for certain purposes

179 Regulations

180 Rules

181 Amendments to Crimes Act 1961

182 Defence of enforcement of enactment

183 Destruction of relevant records made by use of interception device

184 Restriction on admissibility of evidence of private communications lawfully intercepted

185 Amendments to Customs and Excise Act 1996

186 Detention of goods suspected to be tainted property

187 Further provisions about detention under section 166A

188 Return of goods detained under section 166A

189 Amendment to Evidence Act 2006

190 Undercover police officers

191 Amendments to Financial Transactions Reporting Act 1996

192 Title amended

193 Verification of identity where money laundering or proceeds of crime suspected

194 Offences

195 Financial institutions to report suspicious transactions

196 Auditors may report suspicious transactions

197 Protection of identity of persons making suspicious transaction reports

198 Offences

199 Commissioner to issue guidelines relating to reporting of suspicious transactions

200 Application of Privacy Act 1993

201 Application of Privacy Act 1993

202 Amendments to International Crimes and International Criminal Court Act 2000

203 Interpretation

204 Attorney-General may authorise measures

205 Method of registration of order

206 New sections 130 and 131 substituted

207 Cancellation of registration order

208 Amendments to International War Crimes Tribunals Act 1995

209 New section 43 substituted

210 Registered forfeiture orders

211 Cancellation of registration of forfeiture order

212 Amendment to Judicature Act 1908

213 Application of Part 4A

214 Amendments to Legal Services Act 2000

215 When legal aid may be granted: civil matters

216 Schedule 1 amended

217 Amendment to Misuse of Drugs Act 1975

218 Laundering proceeds of drug offences

219 Amendment to Summary Proceedings Act 1957

220 Part 2 of Schedule 1 amended

221 Amendments to Tax Administration Act 1994

222 Officers to maintain secrecy

222A Further secrecy requirements

223 Amendments to Terrorism Suppression Act 2002

224 Prohibition on dealing with property of, or derived or generated from property of, terrorist and associated entities

225 Further provisions about detention under section 47A

226 Variation, revocation, or expiry of direction

227 New section 51 substituted

228 New section 57 substituted

229 New section 71 substituted

230 Section 81 repealed