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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests to enforce foreign restraining orders and foreign forfeiture orders - Requests to enforce foreign restraining orders and foreign forfeiture orders

55: Request to enforce foreign forfeiture order

You could also call this:

"Asking for help to take control of property in New Zealand that was gained from crime overseas"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You can ask the Attorney-General to help enforce a foreign forfeiture order. This order is about property that is likely to be in New Zealand. The Attorney-General can let the Commissioner apply to the High Court to register the order. You need to show that the property is specific and can be forfeited under the order. This means it must be tainted property, belong to someone who got it from foreign crime, be an instrument of crime, or pay a foreign penalty. There must also be good reason to think the property is in New Zealand. The Attorney-General's permission must be in writing.

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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=LMS1524235.

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54: Request to enforce foreign restraining order, or

"Asking for help to enforce a foreign order about property in New Zealand"

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56: Method for registering foreign orders in New Zealand, or

"How to register a foreign court order in New Zealand"

Part 3Requests to New Zealand
Requests to enforce foreign restraining orders and foreign forfeiture orders: Requests to enforce foreign restraining orders and foreign forfeiture orders

55Request to enforce foreign forfeiture order

  1. A foreign country may request the Attorney-General to assist in enforcing a foreign forfeiture order that relates to property that is reasonably believed to be located in New Zealand.

  2. The Attorney-General may authorise the Commissioner to apply to the High Court to register the foreign forfeiture order in New Zealand if satisfied—

  3. that the request from the foreign country relates to property that may be forfeited under the foreign forfeiture order and is specific property that—
    1. is tainted property (as defined in relation to Part 3); or
      1. belongs to a person who has unlawfully benefited from significant foreign criminal activity; or
        1. is an instrument of crime (as defined in relation to Part 3); or
          1. will satisfy some or all of a foreign pecuniary penalty order; and
          2. that there are reasonable grounds to believe that some or all of the property to which the order relates is located in New Zealand.

            1. An authority issued under subsection (2) must be in writing.

            Notes
            • Section 55: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).