Sentencing Act 2002

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

142F: Court may require further information

You could also call this:

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

When you are in court for something to do with an instrument forfeiture order, the court can ask you or the prosecutor to give more information. This is so the court can decide whether to make an order or change an order that is already in place. The court wants to know things like how much the property is worth and who owns it.

The court also wants to know if someone else has an interest in the property, like a friend or family member, and if they know what is happening. You might need to tell the court if someone will be badly affected if the property is taken away. The court can ask for any other information it thinks is important, which might include things like further details about the case.

The court is trying to get all the facts before making a decision about the instrument forfeiture order. You will need to provide the information the court asks for so it can make a fair decision. This is all part of the process when you are dealing with an instrument forfeiture order in court.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2601253.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

142E: Duties of prosecutor as to service, or

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

142G: Independent valuation of property, or

"Getting an expert to say how much something is worth for a fair court decision"

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

142FCourt may require further information

The court may, for the purposes of determining whether to make an instrument forfeiture order or an order for relief from an instrument forfeiture order, or for the purposes of determining the terms of an instrument forfeiture order or an order for relief from an instrument forfeiture order, direct the prosecutor, the offender, or any person who applies for relief to provide further information to the court about—
the value of the property that comprises the instrument of crime:
the nature, extent, and value of the offender’s interest in the property that comprises the instrument of crime:
the name of any other person with an interest in the instrument of crime, the nature and extent of that person’s interest, and whether or not that person has been notified of the proceedings:
the name of any person who may suffer undue hardship if the property is confiscated and the nature of that hardship:
any other matter specified by the court.

Notes

Section 142F: inserted, on 1 December 2009, by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).