14 Dec 2017
POLICE v HARRISON [2017] NZHC 3140
- Citation
- [2017] NZHC 3140
- Court
- High Court
Section 127 of the KiwiSaver Act 2006 prevails over the Criminal Proceeds (Recovery) Act 2009 in respect of KiwiSaver interests because the KSA prohibits assignment except where another enactment expressly requires vesting; the CPRA contains no equivalent express provision and practical and policy considerations (including those in Trustees Executors) show Parliament did not intend KiwiSaver funds to be made available for forfeiture under the CPRA, so the Court has no power to make civil forfeiture orders in relation to KiwiSaver funds.