New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Consent to forfeiture

Legal area

Court

9 Feb 2023

COMMISSIONER OF POLICE v ZAGROS [2023] NZHC 162

Citation

[2023] NZHC 162
Court

High Court

Because the respondent expressly consented and the evidence satisfied the Court on the balance of probabilities that each listed item was tainted property under ss 5 and 6 of the Criminal Proceeds (Recovery) Act 2009, the Court made an assets forfeiture order in respect of the specified assets and dismissed the application for a profit forfeiture order.
17 May 2022

COMMISSIONER OF POLICE v STANDEN [2022] NZHC 1086

Citation

[2022] NZHC 1086
Court

High Court

The Court was satisfied there were reasonable grounds to believe the cash and the 2003 Audi were tainted property and that the respondent had unlawfully benefited from significant criminal activity; the respondent had effectively consented to forfeiture by signed statement and by not opposing; accordingly, under the Criminal Proceeds (Recovery) Act 2009 (including s53) a forfeiture order was properly made by consent fixing the benefit and maximum recoverable amount at $244,065 and directing realisation of the specified assets.