THESE ARE SOME OF THE CRIMINAL OFFENCES OVER NZD$100 MILLION WORTH OF PROPERTY AND NZD $5 BILLION TOTAL LEVY OF 61 COOK STREET AUCKLAND FRAUD CASE! assets forfeiture order means an order made under section 50(1) forfeited property means property that is the subject of a forfeiture order forfeiture order means an assets forfeiture order, a profit forfeiture order, or an instrument forfeiture order former interest holder means, in relation to a forfeiture order, any person whose interest in property has been forfeited by the order instrument forfeiture order means an order made under section 142N of the Sentencing Act 2002 instrument of crime means— (a)property used (wholly or in part) to commit or facilitate the commission of a qualifying instrument forfeiture offence; and (b)in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1) or (2A) of the Terrorism Suppression Act 2002, includes funds (as defined in section 4(1) of that Act) allocated for the purposes of committing that offence; and (c)in relation to any property referred to in paragraphs (a) and (b), the proceeds of any disposition of that property or any other property into which that property is converted, after the commission of the qualifying instrument forfeiture offence, except to the extent provided otherwise by any order of a court under this Act or the Sentencing Act 2002, excluding any severable interest or granting relief interest, in relation to property of any kind (including, without limitation, restrained property or forfeited property), means— (a)a legal or equitable estate or interest in the property; or (b)a right, power, or privilege in connection with the property profit forfeiture order means an order made under section 55 property— (a)means real or personal property of any kind— (i)whether situated in New Zealand or a foreign country; and (ii)whether tangible or intangible; and (iii)whether movable or immovable; and (b)includes an interest in real or personal property proposed restrained property means property in relation to which a restraining order is sought prosecutor— (a)means, in relation to an application for a restraining order relating to an instrument of crime or to any matter relating to an instrument forfeiture order, the person who is for the time being in charge of the file or files that relate to the criminal proceeding for the qualifying instrument forfeiture offence to which the restraining order or instrument forfeiture order relates; and (b)includes— (i)any other employee of the person or agency by whom the prosecutor is employed who has responsibilities for any matter directly connected with the proceedings; and (ii)any counsel representing the person who commenced the proceedings; and (iii)in the case of a private prosecution, the person who commenced the proceedings and any counsel representing that person qualifying instrument forfeiture offence— (a)means an offence punishable by a maximum term of imprisonment of 5 years or more; and (b)includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more relevant period of criminal activity, in relation to an application for a profit forfeiture order, means the period that ends on the date the application is made and starts 7 years before— (a)the date of the application for the relevant restraining order, if the application for the profit forfeiture order relates, wholly or in part, to restrained property; or (b)the date of the application for the profit forfeiture order, if the application for the profit forfeiture order does not relate to restrained property respondent means,— (a)in relation to an application for a restraining order or forfeiture order, the person identified in that application as the respondent (if any); and (b)in relation to a restraining order or forfeiture order that has been made, the person in relation to whom that order is made (if any) specific property means identifiable property in relation to which there may, but need not, be a person who is an identifiable owner tainted property— (a)means any property that has, wholly or in part, been— (i)acquired as a result of significant criminal activity; or (ii)directly or indirectly derived from significant criminal activity; and (b)includes any property that has been acquired as a result of, or directly or indirectly derived from, more than 1 activity if at least 1 of those activities is a significant criminal activity unlawfully benefited from significant criminal activity has the meaning given to it in section 7. (2)A reference in this Act to benefits, proceeds, or property being derived by a person (person A) includes benefits, proceeds, or property derived— (a)directly or indirectly by person A; and (b)by another person at the request or direction of person A. Section 5(1) financial institution: substituted, on 17 October 2009, by section 161(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35). Section 5(1) lawyer: replaced, on 25 February 2012, by section 4 of the Criminal Proceeds (Recovery) Amendment Act 2012 (2012 No 9). Section 5(1) prosecutor paragraph (b)(ii): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 5(1) prosecutor paragraph (b)(iii): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Meaning of significant criminal activity (1)In this Act, unless the context otherwise requires, significant criminal activity means an activity engaged in by a person that if proceeded against as a criminal offence would amount to offending— (a)that consists of, or includes, 1 or more offences punishable by a maximum term of imprisonment of 5 years or more; or (b)from which property, proceeds, or benefits of a value of $30,000 or more have, directly or indirectly, been acquired or derived. (2)A person is undertaking an activity of the kind described in subsection (1) whether or not— (a)the person has been charged with or convicted of an offence in connection with the activity; or (b)the person has been acquitted of an offence in connection with the activity; or (c)the person’s conviction for an offence in connection with the activity has been quashed or set aside. (3)Any expenses or outgoings used in connection with an activity of the kind described in subsection (1) must be disregarded for the purposes of calculating the value of any property, proceeds, or benefits under subsection (1)(b). 7Meaning of unlawfully benefited from significant criminal activity In this Act, unless the context otherwise requires, a person has unlawfully benefited from significant criminal activity if the person has knowingly, directly or indirectly, derived a benefit from significant criminal activity (whether or not that person undertook or was involved in the significant criminal activity).
Posted on: Sun, 12 Oct 2014 07:00:48 +0000
Trending Topics
Recently Viewed Topics
© 2015