PART 1 - PRELIMINARY PROVISIONS

4.
Interpretation—

(1)In this Act, unless the context otherwise requires,—

"forfeiture order''—

(a) means an order made by the ICC under Article 77(2)(b) of the Statute or under the Rules for the forfeiture of tainted property; and

(b) includes a forfeiture order that is treated for the pur-poses of enforcement as a profit forfeiture order under section 131

PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Co-operation relating to offences against administration of justice

23.
Co-operation relating to offences against administration of justice—

(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—

(b)in the case of a request for enforcement of an order requiring reparation or the payment of a fine or a forfeiture order, in the manner provided in Parts 3 and 6, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and

PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24.
Requests for assistance—

(1)This Part applies to a request by the ICC for assistance that is made under—

(b)any of the following articles of the Statute:

(v)article 109 of the Statute (which relates to the enforcement of fines and forfeiture measures).

PART 6 - ENFORCEMENT OF PENALTIES

Assistance with enforcement of forfeiture orders

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 forfeiture 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.

Cf 1992 No 86 s 54; Statute, articles 77(2)(b), 109(1)

127.
Solicitor-General may apply for registration—

(1)The Solicitor-General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.

(2)On an application under subsection (1), the Court must register the order or the amendment to the order under section 128 if it is satisfied that the order or amendment to the order is in force.

128.
Method of registration of order—

(1)A forfeiture order, or an amendment to such an order, must be registered in the High Court by the registration in accordance with the prescribed procedure, if any, of—

(a)a copy of the order or amendment sealed by the ICC; or

(b)a copy of the order or amendment authenticated in accordance with subsection (2).

(2)A document is authenticated for the purposes of subsection (1)(b) if it purports to be—

(a)signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

(b)authenticated in any other manner authorised by the Statute or the Rules.

(3) An amendment to a forfeiture order does not, for the purposes of this Act and of the Criminal Proceeds (Recovery) Act 2009, have any effect until it is registered.

(4) A facsimile copy of a sealed or authenticated copy of an order or an amendment of an order has the same effect, for the purposes of this Act and of the Criminal Proceeds (Recovery) Act 2009, as the sealed or authenticated copy that is not a facsimile.

(5)Despite subsection (4), registration effected by means of a facsimile copy ceases to have effect on the expiry of the period of 21 days commencing on the date of registration unless, before the expiry of that period, the sealed or authenticated copy is registered.

129.
Notice of registration of order—

If the High Court registers an order under section 128, the Court may direct the Solicitor-General to do either or both of the following:

(a)give notice of the registration, in the manner and within the time the Court considers appropriate, to such persons (other than a person convicted of an offence in respect of which the order was made) as the Court has reason to believe may have an interest in the property:

(b)publish notice of the registration in the manner and within the time the Court considers appropriate.

Cf 1995 No 27 s 42(4)

130 Effect of registration of order

(1) A forfeiture order registered under section 128 has effect and
may be enforced 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.

(2) Subsection (1) applies subject to sections 132 and 133.

(3) If a forfeiture order is registered under section 128,—
(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 provides otherwise, applies in relation to the order; and
(b) the property must be disposed of, or otherwise dealt with, in accordance with the order of, or directions given by, the ICC and the Attorney-General may give such directions as may be necessary to give effect to that order or those directions; and
(c) if, for any reason, the Attorney-General is not able to dispose of the property in accordance with the ICC’s order or directions, the Attorney-General may, after consulting with the ICC, arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made.

(4) A restraining order registered in accordance with section 112(2) has effect, and may be enforced, as if it were a restraining order—
(a) made under the Criminal Proceeds (Recovery) Act 2009; and
(b) entered on the date of registration.

Cf 1991 No 120 s 23A; 1992 No 86 s 57(1) and (3)

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 accordingly 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.

Cf Statute, article 109(2)

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.

(6)A person who makes an application under subsection (1) must serve notice of the application on the Solicitor-General, who must be a party to any proceedings on the application.

(7)This section and section 133 apply subject to any contrary provision in the Statute or the Rules.

Cf 1991 No 120 s 23C; 1992 No 86 s 57(1) and (3); Statute, articles 77(2)(b), 109(1)

133.
Court may grant relief to third party—

(1)This section applies if—

(a)a person applies to the High Court for an order under this section in respect of an interest in property; and

(b)the Court is satisfied that the applicant's claim is valid.

(2)If this section applies, the High Court must make an order—

(a)declaring the nature, extent, and value of the applicant's interest in the property; and

(b)either—

(i)directing that the interest be transferred to the applicant; or

(ii)declaring that payment be made to the applicant of an amount equal to the value of the interest declared by the Court.

(3)Despite subsection (2), the Court may, if it thinks fit, refuse to make an order under that subsection if it is satisfied that—

(a)the applicant was, in any respect, involved in the commission of the offence in respect of which the order was made; or

(b)although the applicant acquired the interest at the time of or after the commission of the offence, it was not acquired in good faith and for value.

Cf 1995 No 27 s 46

134.
Cancellation of registration of order—

(1)If a forfeiture order has been registered under section 128, the Attorney-General may direct the Solicitor-General to apply to the High Court for cancellation of the registration.

(2)Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to a forfeiture order if—

(a)the order has, since its registration in New Zealand, ceased to have effect; or

(b)the order was registered in contravention of section 126; or

(c)the Attorney-General considers that cancellation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or

(d)the ICC so requests.

(3)If, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancellation of the registration of a forfeiture order, the Court must cancel the registration accordingly.

(4) If, under the Criminal Proceeds (Recovery) Act 2009, a forfeiture order registered under section 128 of this Act is discharged (in whole or in part) or is revoked, that discharge or revocation constitutes a ground for an application for cancellation of the order under this section.

Cf 1995 No 27 s 47

Part 5
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
appropriate.

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

(1) Where—

(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
(d) either
(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.