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Sentencing Act 2002

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

142M: Court may grant relief from instrument forfeiture order to applicant on grounds of undue hardship

You could also call this:

"Court can help if taking something away causes too much trouble"

Illustration for Sentencing Act 2002

If you apply to the court under section 142J for relief from an instrument forfeiture order, the court will consider your application. You can apply for relief on the ground set out in section 77(1)(b) of the Criminal Proceeds (Recovery) Act 2009. The court may grant you relief if they think the order will cause you or someone else undue hardship.

The court will look at all the circumstances when deciding if you will suffer undue hardship. They can order that you get paid a certain amount from the sale of the property to prevent hardship. If you are under 18, the court can make extra orders to ensure the money is used properly.

When making their decision, the court will consider things like how the property is usually used and who has an interest in it. They will also think about the nature and circumstances of the offence related to the property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2601261.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Court can help you get your property back if you can prove it's yours and you didn't do anything wrong"

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142N: Instrument forfeiture orders, or

"The court can take away things that helped someone break the law."

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

142MCourt may grant relief from instrument forfeiture order to applicant on grounds of undue hardship

  1. This section applies if a person applies to the court under section 142J for relief from an instrument forfeiture order on the ground set out in section 77(1)(b) of the Criminal Proceeds (Recovery) Act 2009.

  2. If the court is satisfied that, having regard to all the circumstances, undue hardship is likely to be caused to the person making the application or to another person (other than the offender), by the operation of an instrument forfeiture order, the court—

  3. may order that the person is entitled to be paid a specified amount out of the proceeds of sale of the property, being an amount that the court thinks is necessary to prevent undue hardship to that person; and
    1. if the person is under 18 years, may make additional orders for the purpose of ensuring the proper application of an amount to be paid to that person.

      1. The circumstances a court may have regard to under subsection (2) include, without limitation,—

      2. the use that is ordinarily made, or was intended to be made, of the property that would be the subject of the instrument forfeiture order; and
        1. the nature and extent of any person’s interest in the property; and
          1. any other matter relating to the nature and circumstances of the qualifying instrument forfeiture offence to which the property relates.

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