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Proceeds of Crime Law in New Zealand (PBO)

Proceeds of Crime Law in New Zealand (PBO)

McKenzie, H, 2015

Available Formats

Format ISBN Price
Subscription ONLB0POCSU POA

Practitioner Books Online are digital versions of hardcopy textbooks, accessible on the LexisNexis online database. With improved functionality to traditional ebook formats, PBOs allow multiple users to simultaneously access books online through a LexisNexis NZ subscription. When a new edition of a book is released, subscribers to the PBO will automatically receive the digital version. PBOs appear alongside your existing commentary titles in the LexisNexis database, and individual chapters can be downloaded as PDF documents.

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

Format: Practitioner Book Online

This title is also available in hardcopy and eBook formats.
ISBN: 9781927313053


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

Author

Dr Heather McKenzie graduated from the University of Canterbury in 2007 and holds a PhD, LLB(Hons), and BA(Hons). She began her career as a Judges’ Clerk at
the Auckland High Court and a Clerk to the High Court Rules Committee. Before joining Raymond Donnelly & Co as a Crown Prosecutor, Dr McKenzie worked at
Meredith Connell and Chapman Tripp. Her main areas of practice include proceeds of crime and a full range of regulatory prosecution and advisory work. She also has
experience in defence and regulatory compliance work.

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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