10 Oct 2019
THE COMMISSIONER OF POLICE v TANIORA [2019] NZHC 2580
- Citation
- [2019] NZHC 2580
- Court
- High Court
Where instrument-of-crime forfeiture under the Sentencing Act overlaps with civil forfeiture under the CPR Act, the sentencing court should normally determine instrument-of-crime forfeiture and relief before the High Court proceeds with civil forfeiture; accordingly the High Court declined to approve the s95 settlement and declined to make the proposed forfeiture orders, and extended the restraining orders for six months to allow the District Court sentencing and related determinations to proceed.