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Mutual Assistance in Criminal Matters Act 1992

Preliminary provisions

2B: Certain civil proceedings deemed to be criminal proceedings

You could also call this:

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

Illustration for Mutual Assistance in Criminal Matters Act 1992

You might think some court cases are civil, but they can be treated as criminal cases. This happens when the Attorney-General says a case is about taking away or limiting property. The property might be tainted, meaning it was used for something illegal, or it might belong to someone who got it from doing something wrong. You can be treated as being in a criminal case if you are trying to get a restraining order. This is when you want to stop someone from using their property because it was used for something illegal. The Attorney-General has to agree that this is what is happening. Sometimes, another country might ask New Zealand to help with a case. If the Central Authority of that country says a case is about taking away or limiting property, it can be treated as a criminal case. This property might be tainted, or it might belong to someone who did something wrong in another country. These cases are considered criminal matters for certain parts of the law, like Part 2 and Part 3. This means they are treated differently than other civil cases. You should know what this means if you are involved in one of these cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2611589.

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

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

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2C: Transitional, savings, and related provisions, or

"Rules to Help Change to the New Law"

Part 1Preliminary provisions

2BCertain civil proceedings deemed to be criminal proceedings

  1. A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint 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 (2) must be treated as a criminal proceeding for the purposes of Part 2 despite 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. A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property by way of an application for any of the following orders must be treated as a criminal proceeding for the purposes of Part 2 despite being civil in nature:

      2. a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009:
        1. a type 2 assets forfeiture order (within the meaning of that Act).

          1. A proceeding certified by the Central Authority of the requesting country to have been instituted in respect of the forfeiture or restraint 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 proceeding despite being civil in nature.

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

          3. tainted property (as defined in relation to Part 3); or
            1. property of a person who has unlawfully benefited from significant foreign 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 foreign pecuniary penalty order.

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

                  Notes
                  • Section 2B: inserted, on , by section 6 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).
                  • Section 2B(2A): inserted, on , by section 51 of the Criminal Proceeds (Recovery) Amendment Act 2023 (2023 No 6).