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Adams on Criminal Law — Sentencing: New laws crack down on gang profits and criminal assets

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Content updates

The Criminal Proceeds (Recovery) Amendment Act 2023 came partly into force on 1 April 2023, with the rest coming into force on 27 July 2023 (see the Criminal Proceeds (Recovery) Amendment Act 2023 Commencement Order 2023).

The Criminal Proceeds (Recovery) Act 2009 was amended to enable the High Court to make a “disclosure of source” order in relation to property to which a s 24 restraining order applies if the respondent is overseas and the court has reasonable grounds to believe that the property is “tainted”.

Funds in KiwiSaver schemes are now subject to civil forfeiture orders, eliminating the potential for criminals to hide illegal funds in their KiwiSaver accounts. Previously KiwiSaver funds were not subject to forfeiture or debt recovery until they were withdrawn.

The amendments also allow the Official Assignee to hold seized property longer than 28 days while the court considers an application for a restraining order.

New commentary by author Warren Young has been added to Adams on Criminal Law - Sentencing. Details in the 'What's New' section.

Westlaw: 

Criminal Proceeds (Recovery) Act 2009, s 55 (see [CP55.07]): 

Criminal Proceeds (Recovery) Act 2009, s 84A (see [CP84A.01]): 

Criminal Proceeds (Recovery) Act 2009, s 165 (see [CP165.04]): 

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