Criminal Proceeds (Recovery) Act 2009 - CPRA 2009

Question 1

Proceedings under CPRA 2009 involves what 2 broad stages?

Answer 1

Restraining Order - freeze property and places it in the custody of the OA. AND
Forfeiture - the permanent confiscation of the property

Question 2

What is the purpose of CPRA?

Answer 2

s.3 - (4 things)
1. Eliminate, Deter, Reduce the ability (EDR) of people to commit SCA, and continue to expand criminal enterprise AND
Deal with foreign restraining/forfeiture orders in NZ.

Eliminate the chance for criminals to profit from crime - ie. To make sure “Crime doesn’t pay” at least in the financial sense.
Deterrence for anyone getting into crime - is it going to be worth their while financially
Reduce reinvestment into criminal enterprises

Question 3

s. 6 - ‘Significant criminal activity’

Answer 3

Means an offence punishable by 5 years+ imprisonment, OR
Property, Proceeds or Benefits (PPB) of $30,000+ have been directly or indirectly been obtained.

Regardless of whether there is any criminal charge, conviction, acquital, quashed
$30k is gross profit

Question 4

S.7 - U/L benefited from SCA ( used in Profit)

Answer 4

Requires a person to
U/L benefited from SCA
knowingly
Directly or indirectly
Doesn’t have to be involved in the crinimal activity themselves

Question 5

Is a prosecution required?

Answer 5

No. A person is undertaking in SCA regardless if have been charged with or convicted of an offence, any acquittal or any successful appeal against conviction.

Question 6

The test is…

Answer 6

1. Civil jurisdiction is “On the Balance of Probabilities”
2. Is the property tainted, or
3. has the respondent U/L benefited from SCA (Significant Criminal Activity)

Question 7

s.5 - Tainted Property

Answer 7

Property that has wholly or in part been acquired as a result of SCA
, OR directly or indirectly obtained from SCA.

If more than one activity - then at least one of those must be SCA

Consider mortgage payments, property renovations etc

Question 8

General Principles - applies to all proceedings

Answer 8

Civil proceedings.
High Court.
Standard of Proof is the “balance of probabilities”
Must file an application and an Affidavit in support

Question 10

Forfeiture Orders - How many?

Answer 10

3 types: Instrument, Assets and Profit.

Instrument FO falls within the criminal jurisdiction and is reliant on a conviction.
Asset and Profit are Civil jurisdiction