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Sentencing Act 2002

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

142I: Determining ownership of property

You could also call this:

"Figuring out who owns something used in a crime"

Illustration for Sentencing Act 2002

When you are trying to figure out who owns something that was used in a crime, the court can use some rules from the Criminal Proceeds (Recovery) Act 2009 to help make a decision. The court can apply the rules in section 17A of the Criminal Proceeds (Recovery) Act 2009 to determine what interest someone has in the item. This means the court can use these rules, with some changes if needed, to work out who owns the item and what their rights are.

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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=DLM2601257.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142H: Court may order declaration of ownership to be completed, or

"The court can ask you to fill out a form to say who owns something that might be taken away from you."

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142J: Applications for relief from instrument forfeiture order, or

"Asking the court to change an order to take something away from someone who committed a crime"

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

142IDetermining ownership of property

  1. For the purpose of determining the nature and extent of any person’s interest in an instrument of crime, the court may apply the provisions of section 17A of the Criminal Proceeds (Recovery) Act 2009, which applies with all necessary modifications.

Notes
  • Section 142I: inserted, on , by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).
  • Section 142I: amended, on , by section 53 of the Criminal Proceeds (Recovery) Amendment Act 2023 (2023 No 6).