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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

57: Effect of registering foreign orders in New Zealand

You could also call this:

"What happens when a foreign order is registered in New Zealand"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When a foreign restraining order is registered in New Zealand under section 56, you can enforce it as if it were a New Zealand restraining order made by the High Court under the Criminal Proceeds (Recovery) Act 2009. This order is treated as if it were entered on the date it is registered. You need to remember that this is subject to sections 136 to 139 of the Criminal Proceeds (Recovery) Act 2009. A foreign forfeiture order registered in New Zealand under section 56 can also be enforced as if it were a New Zealand forfeiture order made by the High Court under the Criminal Proceeds (Recovery) Act 2009, and is treated as if it were entered on the date it is registered. This is subject to sections 140 to 149 of the Criminal Proceeds (Recovery) Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524240.

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

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

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58: Cancelling registration of foreign orders in New Zealand, or

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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

57Effect of registering foreign orders in New Zealand

  1. A foreign restraining order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a restraining order—

  2. made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and
    1. entered on the date it is registered.

      1. Subsection (1) is subject to sections 136 to 139 of the Criminal Proceeds (Recovery) Act 2009.

      2. A foreign forfeiture order registered in New Zealand under section 56 has effect, and may be enforced, as if it is a forfeiture order—

      3. made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and
        1. entered on the date it is registered.

          1. Subsection (3) is subject to sections 140 to 149 of the Criminal Proceeds (Recovery) Act 2009.

          Notes
          • Section 57: substituted, on , by section 10 of the Mutual Assistance in Criminal Matters Amendment Act 2009 (2009 No 9).