14 May 2012
THE SOLICITOR-GENERAL OF NEW ZEALAND V SLAWOMIR RYSZARD BUJAK HC CHCH CIV-2007-485-000522
- Citation
- openlaw-8b7efb8e_74a5_4dba_8159_ced1490bf8f2.pdf
- Court
- High Court
The Court held that the registered Polish restraining order remains effective under the Mutual Assistance in Criminal Matters Act 1992 as it existed at registration and is linked into domestic law via s 66B of the Proceeds of Crime Act 1991; repeal of the Proceeds Act and commencement of the Criminal Proceeds (Recovery) Act 2009 did not retrospectively alter the status of already registered foreign restraining orders. Section 42 of the Proceeds Act does not apply to registered foreign orders and therefore the applicant has no present entitlement to payment from the restrained funds; joinder w…