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Mutual Assistance in Criminal Matters Act 1992

Preliminary provisions

2A: Certain investigations relating to civil proceedings deemed to be criminal investigations

You could also call this:

"Some investigations about property used in crimes are treated as criminal investigations"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You need to know that some investigations are treated as criminal investigations. These are investigations about taking away or keeping property that may have been used in a crime. The Attorney-General decides if an investigation is a criminal one. If the property is suspected to be tainted or from a crime, it is treated as a criminal investigation. This is for the purposes of Part 2 of the Mutual Assistance in Criminal Matters Act 1992, which you can find at Part 2. The investigation is also a criminal one if the property is subject to a restraining order. You should look at the Criminal Proceeds (Recovery) Act 2009, which is referred to as the CPR Act, for more information about restraining orders. It is at section 24A of the CPR Act. Investigations about property that is suspected to be from a crime are treated as criminal investigations. Investigations in other countries are also treated as criminal investigations if they are about taking away or keeping property. This is for the purposes of Part 3 of the Mutual Assistance in Criminal Matters Act 1992, which you can find at Part 3. These investigations are criminal matters for the purposes of Parts 2 and 3 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2611588.

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2B: Certain civil proceedings deemed to be criminal proceedings, or

"Some civil court cases can be treated as criminal cases if they involve stopping someone from using property used for something illegal."

Part 1Preliminary provisions

2ACertain investigations relating to civil proceedings deemed to be criminal investigations

  1. An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things in subsection (2) must be treated as a criminal investigation for the purposes of Part 2 despite the related proceedings being civil in nature.

  2. The things referred to in subsection (1) are—

  3. tainted property (as defined in relation to Part 2); or
    1. property of a person who has unlawfully benefited from significant criminal activity.

      1. An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property must be treated as a criminal investigation for the purposes of Part 2 if the property—

      2. is, or is proposed to be, the subject of an application for—
        1. a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009 (the CPR Act); or
          1. a type 2 assets forfeiture order (within the meaning of the CPR Act); or
          2. is the subject of a restraining order under section 24A of the CPR Act.

            1. Subsection (2A) applies despite the related proceedings being civil in nature.

            2. An investigation in a foreign country certified by the Central Authority for that country to have commenced in that country relating to the restraint or forfeiture of property that is, or is suspected on reasonable grounds to be or to be likely to be, any of the things referred to in subsection (4) must be treated as a criminal investigation for the purposes of Part 3 despite the related proceedings being civil in nature.

            3. The things referred to in subsection (3) are—

            4. tainted property (as defined in relation to Part 3); or
              1. property of a person who has unlawfully benefited from significant criminal activity; or
                1. an instrument of crime (as defined in relation to Part 3); or
                  1. property that will satisfy all or part of a pecuniary penalty order.

                    1. Investigations treated as criminal investigations under this section are criminal matters for the purposes of Parts 2 and 3.

                    Notes
                    • Section 2A: inserted, on , by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                    • Section 2A(2A): inserted, on , by section 50 of the Criminal Proceeds (Recovery) Amendment Act 2023 (2023 No 6).
                    • Section 2A(2B): inserted, on , by section 50 of the Criminal Proceeds (Recovery) Amendment Act 2023 (2023 No 6).