New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trust and vesting of forfeited assets
  • 18 Mar 2022

    LI v COMMISSIONER OF POLICE [2022] NZHC 514

    Citation
    [2022] NZHC 514
    Court
    High Court

    The Court held that the CPRA settlement and resulting assets forfeiture did not operate to discharge or be attributed as payment of tax assessments; the settlement did not bind the Commissioner of Inland Revenue because IRD was not a party and the settlement expressly stated it had no bearing on IRD, forfeited assets vested absolutely in the Crown and were not held on trust for plaintiffs or IRD, and the plaintiffs' declarations were refused while declarations requested by CIR confirming the forfeiture and restraining orders were not intended to meet tax debts and did not prohibit IRD collect…

    • Assets forfeiture
    • Double recovery
    • Tax assessment and collection
    • Settlement approval s95 cpra
    • Trust and vesting of forfeited assets
    • Privity and non‑party effect