Forfeiture of proceeds of Tribunal offences
41 Requests for enforcement of forfeiture orders
(1) Subject to section 57, where—
(a) a Tribunal requests the Attorney-General to make ar-rangements for the enforcement of a forfeiture order made in relation to property that is believed to be in New Zealand ; and
(b) the Attorney-General is satisfied that a person has been convicted by the Tribunal of the Tribunal offence to which the order relates ; and
(c) the Attorney-General is satisfied that the conviction and the order are not subject to further appeal in the Tribunal,—
the Attorney-General may, in writing, authorise the Solicitor-General to apply for the registration of the order in a specified court.
(2) The court specified shall be the office of the High Court that is closest to the place in which the property is believed to be located, or, where the location of the property is not known, any office of the High Court.
42 Registration of order
(1) Where the Solicitor-General applies to the High Court for the registration of an order in accordance with section 41, the Court shall, if it is satisfied that the order is in force, register the order.
(2) An order, or an amendment of an order, shall be registered in the High Court by the registration, in accordance with the prescribed procedure, of
(a) a copy of the appropriate order or amendment sealed by the Court or other authority making that order or amendment ; or
(b) a copy of that order or amendment duly authenticated in accordance with subsection (3).
(3) A document is duly authenticated for the purposes of subsec-tion (2) if it purports to be signed or certified by a Judge, Regis-trar, or officer of the Tribunal that made the order or amendment.
(4) Where the High Court registers an order in accordance with this section, the Court shall direct the Solicitor-General
(a) to give notice of the registration, in the manner and within the time the Court considers appropriate, to specified persons (other than a person convicted of an offence in respect of which the order was made) that the Court has reason to believe may have an interest in the property ; or
(b) to publish notice of the registration in the manner and within the time the Court considers
43 Effect of registration of order
Subject to sections 44 to 47, a forfeiture order registered in accordance with section 42 has effect and may be enforced as if it were a profit forfeiture order made by the High Court under the Criminal Proceeds (Recovery) Act 2009 and entered on the date of registration.
44 Registered forfeiture orders
Where a forfeiture order against property is registered in ac-cordance with section 42,
(a) subpart 3 of Part 2 of the Criminal Proceeds (Recovery) Act 2009 so far as is applicable and with any necessary modifications, and except to the extent that this Act pro¬vides otherwise, applies in relation to the order ; and
(b) the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised in writing by the Attorney-General for the purposes of this paragraph ; and
(c) if for any reason the Attorney-General decides not to direct that the property be transferred to a person or persons in accordance with the request from the Tribunal that made the order, the Attorney-General shall arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.
45 Third parties may apply for relief
(1) Where a forfeiture order against property is registered in ac-cordance with section 42, any 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 Court for an order under section 46.
(2) A person on whom notice of the hearing of the Tribunal held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) except with the leave of the Court.
(3) The Court shall not grant leave under subsection (2) unless there are special reasons for doing so.
(4) Without limiting the generality of subsection (3), the Court may grant leave under subsection (2) if it is satisfied—
(a) that the applicant had good reason for failing to attend the hearing held by the Tribunal in connection with the making of the forfeiture order ; or
(b) that 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 that hearing.
(5) Subject to subsection (6), an application under subsection (1)shall be made before the expiry
of the period of 2 months be¬ginning on the date on which the forfeiture order is registered in the Court.
(6) The Court may grant a person leave to apply under subsection (1) outside the period referred to in subsection (5) if the Court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part.
(7) A person who makes an application under subsection (1) shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings on the application.
46 Court may grant relief to third party
(a) a person applies to the Court under section 45 in respect of an interest in property ; and
(b) the Court is satisfied that the applicant's claim to that interest is valid,—
the Court shall, subject to subsection (2), make an order—
(c) declaring the nature, extent, and value of the applicant's interest in the property ; and
(i) directing the Crown to transfer the interest to the applicant; or
(ii) declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court.
(2) The Court may refuse to make an order under subsection (1) if it is satisfied that—
(a) the applicant was, in any respect, involved in the commission of the offence in respect of which the forfeiture order was made ; or
(b) if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,—
but nothing in this subsection shall be taken to require such a refusal.
47 Cancellation of registration of forfeiture order
(1) Where a forfeiture order has been registered in accordance with section 42, the Attorney-General may direct the Solicitor-General to apply to the High Court for cancellation of the registration of the order.
(2) Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to an order if the Attorney-General is satisfied—
(a) that the order has, since its registration in New Zealand, ceased to have effect ; or
(b) that the order was registered in contravention of section 42.
(3) Where, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancel¬lation of the registration of an order, the Court shall cancel the registration accordingly.
(4) Where, pursuant to the Criminal Proceeds (Recovery) Act 2009, a forfeiture order registered in accordance with section 42 is discharged (in whole or in part) or is revoked, that discharge or revocation may be a ground for an application for cancellation of the order under this section.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
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.