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Sentencing Act 2002

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

142J: Applications for relief from instrument forfeiture order

You could also call this:

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

Illustration for Sentencing Act 2002

If you want to ask the court to change an instrument forfeiture order, you can make an application. You can do this if you are not the person who committed the crime. You must apply to the court that dealt with the person who committed the crime. Your application must be based on certain grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2009.

You must fill out the application form, if there is one, and do it within a certain time. This time is either stated in a notice you got under section 142E, or it is 15 working days after the person was found guilty. If you need more time, you can ask the court for an extension.

When you apply, you must tell the prosecutor, the person who committed the crime, and some other people about your application. You must also give the court and the prosecutor a list of people you have told. You should tell anyone who might be affected by what you are asking for, like people who own the property or might suffer if it is taken away. The court might also tell you to inform other specific people.

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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=DLM2601258.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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142I: Determining ownership of property, or

"Figuring out who owns something used in a crime"

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142K: Hearings concerning instrument forfeiture orders, or

"A court hearing to decide if someone's property should be taken away as a punishment."

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

142JApplications for relief from instrument forfeiture order

  1. Any person (other than the offender) may make an application for relief from an instrument forfeiture order.

  2. An application by any person for relief must be made to the court that convicted the offender—

  3. on either of the grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2009; and
    1. in the prescribed form (if any); and
      1. within—
        1. the time specified in the notice served on the person under section 142E; or
          1. if no notice is served on the person, 15 working days after the day on which the offender was convicted of the qualifying instrument forfeiture offence; or
            1. the time allowed by the court, if the court grants an application by the person to make an application for relief after the time by which such an application must be made under subparagraph (i) or (ii).

            2. An applicant for relief from an instrument forfeiture order must serve notice of that application on—

            3. the prosecutor:
              1. the offender:
                1. the Commissioner:
                  1. the Official Assignee:
                    1. any other person whom the applicant has reason to believe may—
                      1. have an interest in the property that is the subject of the application; or
                        1. suffer undue hardship as a consequence of the forfeiture of the property:
                        2. any specified person or class of persons in respect of whom the court directs the applicant to serve notice of the application.

                          1. An applicant for relief must provide the court and the prosecutor with a list of persons on whom notice of the application has been served.

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