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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Instrument forfeiture orders

142D: Notice of possible instrument forfeiture order may be recorded on registers

You could also call this:

"A court can put a warning note on public records if it's thinking about taking someone's property away."

Illustration for Sentencing Act 2002

If a court thinks someone's property might be taken away, you might see a note about it on a public register. This can happen if the property is something that can be officially recorded, like a house or a car. The court can ask the people in charge of the register to add a note saying that the court is thinking about taking the property away.

The court can make this request if it has already started looking into whether the property should be taken away, as described in section 142C. The note on the register is like a warning that the court is considering taking action.

If the court finally decides what to do with the property, or if it stops looking into the matter, you will see the note removed from the register. The court must ask the people in charge of the register to remove the note when the matter is finished, or when the time to appeal has expired, as explained in section 73(3) and also mentioned in section 85 of the Criminal Proceeds (Recovery) Act 2009.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2601250.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142C: Duties of court on notification, or

"What the court must do when it gets a special notice about taking away someone's things."

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142E: Duties of prosecutor as to service, or

"The prosecutor's job is to inform people when the court might take away their property."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Instrument forfeiture orders

142DNotice of possible instrument forfeiture order may be recorded on registers

  1. Subsection (2) applies if the court has given a direction under section 142C relating to property of a kind that is covered by a New Zealand enactment that enables the registration of—

  2. title to that property; or
    1. charges over that property.

      1. If this subsection applies, the court may 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 the court will consider whether an instrument forfeiture order may be made against the property.

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

      3. the matter to which the entry relates is finally determined and the relevant appeal period (defined in section 73(3) and referred to in section 85 of the Criminal Proceeds (Recovery) Act 2009) has expired; or
        1. proceedings to which the entry relates are discontinued for any reason.

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          Notes
          • Section 142D: inserted, on , by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).