Enforcement of forfeiture orders

New Zealand

New Zealand - International Crimes and International criminal Court Act 2000 (2021) EN

24 Requests for assistance
(1)
(b)
(v) Article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).

126 Request for forfeiture of tainted property

(1) This section applies if—
(a) the ICC—
(i) makes an order under Article 77(2)(b) of the Statute for the forfei‐ ture of tainted property; and
(ii) requests assistance under Article 109(1) of the Statute to enforce the forfeiture order; and
(b) neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal.

(2) The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that the order is of a kind that can be enforced in the manner provided in sections 127 to 131.

(3) If the Attorney-General gives authority for the request to proceed, the Attorney-General must refer the request to the Solicitor-General for registration of the forfeiture order in the manner provided in sections 127 to 129.

131 Forfeiture order may be treated as profit forfeiture order

(1) If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General must take measures to recover—
(a) the value specified by the ICC as the value of the tainted property ordered by the ICC to be forfeited; or
(b) if the ICC has not specified the value of the tainted property, the value that, in the opinion of the Attorney-General, is the value of the tainted property ordered by the ICC to be forfeited.

(2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a profit forfeiture order for the equivalent amount and may be enforced accord‐ ingly as if it were a profit forfeiture order—
(a) made by the High Court under the Criminal Proceeds (Recovery) Act 2009; and
(b) entered on the date of registration.

132 Third parties may apply for relief

(1) If a forfeiture order is registered under section 128, a person (other than a person convicted of an offence in respect of which the order was made) who claims an interest in any of the property to which the order relates may apply to the High Court for an order under section 133.

(2) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not make an application under subsection (1) without the leave of the High Court.

(3) The High Court must not grant leave under subsection (2) unless it is satisfied that—
(a) the applicant had good reason for failing to attend the hearing held by the ICC in connection with the making of the forfeiture order; or
(b) evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of the hearing of the ICC; or
(c) there are special reasons justifying the grant of leave.

(4) An application under subsection (1) must be made before the expiry of the period of 2 months beginning on the date on which the forfeiture order is registered in the High Court.

(5) Despite subsection (4), the High Court may grant a person leave to make an application under subsection (1) after the expiry of the period referred to in subsection (4) if it is satisfied that the person’s failure to apply within that period was not owing to any neglect on the person’s part.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.