Sentencing Act 2002

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

142K: Hearings concerning instrument forfeiture orders

You could also call this:

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

If a court gives a direction under section 142C, it may hold a hearing to decide whether to make an instrument forfeiture order. You can be heard at the hearing if you are the prosecutor, the offender, or someone who has applied for relief from an instrument forfeiture order under section 142J. You can also be heard if you have an interest in the property that might be taken away or if you think you will suffer undue hardship if the property is forfeited.

The court may hear from you and others at the hearing to make a decision. The people who can be heard include the prosecutor, the offender, and anyone who has applied for relief from an instrument forfeiture order. Others who can be heard are those who have an interest in the property or who think they will suffer if the property is taken away.

If the court does not hold a special hearing, it can still make a decision about the instrument forfeiture order during your sentencing hearing.

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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=DLM2601259.

Topics:

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

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"

142L: Court may grant relief from instrument forfeiture order to applicant who establishes interest in property, or

"Court can help you get your property back if you can prove it's yours and you didn't do anything wrong"

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

142KHearings concerning instrument forfeiture orders

If a court issues a direction under section 142C, it may convene a hearing to determine whether to make an instrument forfeiture order or to grant an application made for relief from an instrument forfeiture order under section 142J.
At the hearing, the prosecutor, the offender, any person making an application for relief from an instrument forfeiture order, and any other person who claims to have an interest in the property that may be the subject of the instrument forfeiture order or who believes that he or she may suffer undue hardship if the property is forfeited, may be heard.
If a hearing is not held under subsection (1), the matters referred to in that subsection and subsection (2) may occur during the sentencing hearing.

Notes

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