Criminal Procedure Act 2011

Appeals - Further provisions - How appeal affects decisions under appeal

352: Revesting and restitution of property on conviction

You could also call this:

"Getting your property back after being found guilty of a crime"

Illustration for Criminal Procedure Act 2011

If you are found guilty of a crime and the court orders that some property be given back to you, this order does not start straight away. The order is put on hold until any time for appealing the decision has passed. You can appeal against your conviction or sentence, and if you do, the order is put on hold until the appeal is finished.

If you appeal and your conviction is overturned, the hold on the order does not apply. The court can decide not to put the order on hold if it thinks there is no dispute about who owns the property. The court that hears your appeal can change any order about giving property back, even if your conviction is not overturned, according to section 152(1) of the Contract and Commercial Law Act 2017.

The appeal court has the power to make decisions about property, and it can make these decisions even if you are still found guilty. You should be aware that the court's decisions can be based on laws such as the Contract and Commercial Law Act 2017.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360557.


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Part 6Appeals
Further provisions: How appeal affects decisions under appeal

352Revesting and restitution of property on conviction

  1. The operation of an order for the restitution of property to a person made on a conviction, and the operation in that case of the provisions of section 152(1) of the Contract and Commercial Law Act 2017 as to the revesting of the property in stolen goods on conviction, is suspended—

  2. in all cases until the end of any period for filing a notice of appeal or notice of application for leave to appeal against conviction or sentence; and
    1. if a notice of appeal against conviction or sentence is filed, until the appeal is determined or abandoned unless the court orders otherwise.
      1. A suspension that applies to the operation of an order or of section 152(1) of the Contract and Commercial Law Act 2017 until an appeal is determined does not take effect as to the property in question if the conviction is set aside on appeal.

      2. The court in which a conviction is entered may direct that there be no suspension under subsection (1) if it considers that the title to the property is not in dispute.

      3. The first appeal court may set aside or vary any order made on conviction for the restitution of any property to any person, although the conviction itself is not set aside.

      Compare
      Notes
      • Section 352(1): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
      • Section 352(2): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).