Proceeds of Crime Law in New Zealand
Dr Heather McKenzie's book comes five years after the introduction of the Criminal Proceeds (Recovery) Act 2009.
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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.
• 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
Table of contents
A New Act
• The setting
• Key differences between the two Acts
The Act's Fundamental Concepts
• 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