Sentencing Act 2002

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

142E: Duties of prosecutor as to service

You could also call this:

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

Illustration for Sentencing Act 2002

If a court makes a direction under section 142C, you, as the prosecutor, must take all reasonable steps to notify certain people. You must tell them that the property may be taken away through an instrument forfeiture order. You must also tell them they can apply to the court for help within 10 working days of the notice.

You must explain the reasons they can use to apply for help, which are set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2009. You should include the people whose names were given to the court under section 142B, anyone else you think has an interest in the property, and the Commissioner.

You must give this notice as soon as possible after the court makes the direction, and no later than 5 working days after that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2601252.


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

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


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142F: Court may require further information, or

"The court can ask for more information to help make a fair decision."

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

142EDuties of prosecutor as to service

  1. If a court gives a direction under section 142C, the prosecutor must take all reasonable steps to notify every person (other than the offender) whose name was included in the notice given to the court under section 142B, any other person whom the prosecutor believes has an interest in the property in question, and the Commissioner—

  2. that the property may be made the subject of an instrument forfeiture order:
    1. that the person may, within 10 working days of the date of the notice, apply to the court for relief:
      1. of the grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2009 on which an application for relief may be made.
        1. A notice given under subsection (1) must be given as soon as practicable after the court gives a direction under section 142C and in any event not later than 5 working days after the giving of that direction.

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