New Zealand Acts

SENTENCING ACT 2002 - SECT 142J

142J Applications for relief from instrument forfeiture order

1 Any person (other than the offender) may make an application for relief from an instrument forfeiture order.

2 An application by any person for relief must be made to the court that convicted the offender—

a) on either of the grounds set out in section 77(1) of the Criminal Proceeds (Recovery) Act 2009 ; and

b) in the prescribed form (if any); and

c) within—

i) the time specified in the notice served on the person under section 142E ; or

ii) if no notice is served on the person, 15 working days after the day on which the offender was convicted of the qualifying instrument forfeiture offence; or

iii) the time allowed by the court, if the court grants an application by the person to make an application for relief after the time by which such an application must be made under subparagraph (i) or (ii).

3 An applicant for relief from an instrument forfeiture order must serve notice of that application on—

a) the prosecutor:

b) the offender:

c) the Commissioner:

d) the Official Assignee:

e) any other person whom the applicant has reason to believe may—

i) have an interest in the property that is the subject of the application; or

ii) suffer undue hardship as a consequence of the forfeiture of the property:

f) any specified person or class of persons in respect of whom the court directs the applicant to serve notice of the application.

4 An applicant for relief must provide the court and the prosecutor with a list of persons on whom notice of the application has been served.

History: Section 142J: inserted, on 1 December 2009, by section 10 of the Sentencing Amendment Act 2009 (2009 No 10).