New Zealand Case Law

21 Aug 2014

COMMISSIONER OF POLICE v DOTCOM CA222/2014 [2014] NZCA 408

Citation

[2014] NZCA 408

Court

Court of Appeal

Section 137 CPRA confers jurisdiction on the High Court to extend the registration of a foreign restraining order for up to one year irrespective of the foreign jurisdiction's choice between criminal and civil forfeiture processes; that choice does not fetter the New Zealand court's discretion. Given the US restraining orders remained in force, the US sought forfeiture and evidence (admittedly sparse) indicated civil forfeiture could complete within the extension period, the Court allowed the appeal and ordered a one year extension of registration.

• Registration of foreign restraining orders
• Extension of registration under s137 cpra
• Civil v criminal forfeiture
• Jurisdiction to extend foreign orders
• Exclusion of property
• Bill of rights s21 search and seizure