Proceeds of Crime Law in New Zealand - LN Red Book

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Dr Heather McKenzie's book comes five years after the introduction of the Criminal Proceeds (Recovery) Act 2009.

by Dr Heather McKenzie (Author)
Red Titles
NZD$ 100.00
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Release Date: March 01, 2015
ISBN/ISSN: PONZRED0SU

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Product description

This act considerably altered the situations in which property may be considered 'tainted', or belonging to someone who has unlawfully benefited from 'significant criminal activity'. In a fundamental shift from the preceding Criminal Proceeds Act 1991, the new Act does not require a conviction. In this setting, criminal and civil forfeiture is increasingly being invoked by the Commissioner of Police as an additional tool to help target organised crime.

Practitioners will benefit from this text, which provides guidance on the Act’s provisions and machinery, the growing body of case law, and the status of a conceptually criminal regime which engages the civil procedure and civil standard of proof.

Features:

• Practical, thorough reference text on an updated, unfamiliar area of law
• Up-to-date case studies and references
• Five years after the introduction of the Act

 

Featured Authors

Dr Heather McKenzie

Dr Heather McKenzie

Dr Heather McKenzie holds a PhD, LLB(Hons), and BA(Hons) from the University of Canterbury. She began her career as a Judges’ Clerk at the Auckland High Court and as a Clerk to the High Court Rules Committee, following which she was primarily a prosecutor. Most of her practice was at the Crown Solicitor’s office and included proceeds of crime litigation and a full range of regulatory prosecution and advisory work. She also has experience in defence and regulatory compliance work.

View all books by Dr Heather McKenzie (2)

Table of contents

A New Act

 • The setting

 • Key differences between the two Acts

 
 
The Act's Fundamental Concepts

 • Restraint

 • Criminal forfeiture

 • Civic forfeiture

 • Significant criminal activity

 • Unlawfully benefitting from significant criminal activity

 • Tainted property

 • Effective control over property

 
 
The Act: Its Provisions and Machinery

 • Scheme of the Act

 • Timing of forfeiture proceedings

 • Proceed through the Act
 

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