18 Oct 2021
THE COMMISSIONER OF THE NEW ZEALAND POLICE v HARRISON [2021] NZCA 540
- Citation
- [2021] NZCA 540
- Court
- Court of Appeal
Restraining orders under the Criminal Proceeds (Recovery) Act cannot be made after final forfeiture orders; profit forfeiture orders create a debt enforceable by ordinary enforcement mechanisms including freezing orders against after-acquired property, but s127 of the KiwiSaver Act prevents enforcement while the realised funds remain held as part of the member's account under the scheme trustee's trust deed; accordingly the freezing remedy was unavailable in this case and the appeal is dismissed.