CPRA 2009 Continued Flashcards
S.24 - (Tainted property) Making a restraining order relating to specific property which is tainted
- can be made
(1) a restraining order relating to a specific property if satisfied it has ‘reasonable grounds to believe’ the property is tainted property, order that the (restrained) property
(a) is not dealt/disposed of, and
(b) is under the custody and control of the AO
(2) This order can be made whether an owner of the property has been identified ( only tainted)
s.25 - (U/L benefit) Making restraining order relating to all or part of respondents property
for a RO on all or part of a respondents property ( even if we haven’t identified it and even if acquired after RO.
- known as a “Global Restraint”
- ‘reasonable grounds to believe’ the respondent has
U/L benefited from SCA, make an order (“restrained property”)
(a) is not disposed of /dealt with other than what I provided for in the RO, and
(b) in custody and control of the OA.
(2) TheRO may relate to
(a) all of the respondents property (including property that is acquired after the making of the order)
(b) specific parts of a respondents property
(c) all of the respondents property including property acquired after the making of the order, other than the specified exluded property
s.26 - Making restraining order relating to instruments of crime (respondent must be charged with a qualifying Instrument Forfeitureoffence OR reasonable grounds to believe within 48 hrs)
(1) Court hearing an application for a RO relating to an instrument of crime may, make an order
(a) not to be disposed with / dealt with (other than in order)
(b) go to custody and control of OA
(2)(a) the circumstances are that
(i) that respondent has been charged with a qualifying Instrument Forfeiture offence, and
(ii) the court has “reasonable grounds to believe” the property referred to in the application is an instrument of crime used to facilitate that qualifying instrument forfeiture offence, or
(b) (i) the respondent will be charged with a qualifying instrument forfeiture offence within 48 hours and
(ii) the property referred to in the application isan instrument of crime used to facilitate that qualifying instrument forfeiture offence
s.55 Making Profit forfeiture order (U/L benefited from SCA)
(1) the HC
- satisfied on “the balance of probabilities” that the repondent has
(a) has U/L benefited a from SCA, within “ relevant period of criminal period”
(b) has interests in property, and
(2) the order must specify the value of the benefit determined and the maximum recoverable amount …. continues
S.150 Contravention of restraining orders or foreign restraining orders (Property)
Every person commits an offencewho, knowing that a RO has been made or that a foreign RO has been registered I NZ in respect of property, disposes or deals with that property in contravention of the order.
Punishable
Individual = 5 years orafinenot exceeding $20,000, or both
Body Corporate = fine not exceeding $60,000
s. 151 Contravention of forfeiture orders or foreign forfeiture order (Assets)
Similar to s.150 except knowingly has an assets forfeiture order
Punishment - same as s.150
s.152 Failing to comply with orders and searche warrants
(1) every person commits an offence who, being g a person whom an examination order or produ tion order is made
(a) fails, without reasonable excuse to comply with that order, or
(b) in purported compliance with the order produces a document or makes a statement which the person knows is false or misleading
(2) every person commitment offence who fails without reasonable excuse to comply with a search warrant under this act that relates to their premises
(3)Punishment
Individual= 1 yr imprisonment, orafinenot exceeding $15,000, or both
Body Corporate = afinenot exceeding $40,000
