Proceeds of Crime Rules 1992

Reprint as at 18 October 2016

Coat of Arms of New Zealand

Proceeds of Crime Rules 1992

(SR 1992/166)

Catherine A Tizard, Governor-General

Order In Council

At Wellington this 22nd day of June 1992

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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.

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 2016 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

Schedule form: amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).

Bob MacFarlane,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 June 1992.

Reprints notes
1 General

This is a reprint of the Proceeds of Crime Rules 1992 that incorporates all the amendments to those rules as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Senior Courts Act 2016 (2016 No 48): section 183(c)