Criminal Proceeds (Recovery) Amendment Act 2012
Criminal Proceeds (Recovery) Amendment Act 2012
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Criminal Proceeds (Recovery) Amendment Act 2012

Criminal Proceeds (Recovery) Amendment Act 2012
| Public Act | 2012 No 9 |
| Date of assent | 24 February 2012 |
| Commencement | see section 2 |
Contents
6 Costs recoverable by Official Assignee
8 Heading above section 96 amended
10 Court may make production order
12 Heading above section 107 repealed
13 Power to require attendance before Commissioner, production of documents, etc
14 Form and content of search warrant
15 Additional matters relating to extension of registration of foreign restraining order
16 Duties as to confidentiality generally overridden
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2012.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act amended
This Act amends the Criminal Proceeds (Recovery) Act 2009.
4 Interpretation
Section 5(1) is amended by repealing the definition of lawyer and substituting the following definition:
“lawyer means a lawyer within the meaning of section 6 of the Lawyers and Conveyancers Act 2006”.
5 Applying for further orders
Section 33 is amended by repealing subsection (2) and substituting the following subsection:
-
“(2) The applicant for the further order must serve a copy of the application on—
-
“(a) every person, or every other person (if the applicant is a party), who is a party to the proceeding in which—
“(i) the making of the associated restraining order is to be considered; or
“(ii) the associated restraining order was made; and
“(b) the Official Assignee.”
-
-
6 Costs recoverable by Official Assignee
Section 87(1)(a) is amended by inserting
“foreign restraining order registered in New Zealand,”
after“restraining order,”
.
7 Interpretation
Section 91 is amended by omitting
“functions and powers”
and substituting“powers, functions, or duties”
.
8 Heading above section 96 amended
The heading above section 96 is amended by omitting
“functions or powers”
and substituting“powers, functions, or duties”
.
9 New section 96 substituted
Section 96 is repealed and the following section substituted:
“96 Delegation of powers, functions, or duties of Commissioner of Police
The provisions of the Policing Act 2008 relating to the delegation of powers, functions, or duties of the Commissioner apply in all respects to the powers, functions, or duties of the Commissioner under this Act.”
10 Court may make production order
Section 105(1) is amended by omitting
“or any member of the police”
in each place where it appears.
11 New heading inserted
The following heading is inserted above section 106:
“Examination orders”.
12 Heading above section 107 repealed
The heading above section 107 is repealed.
13 Power to require attendance before Commissioner, production of documents, etc
-
(1) Section 107(3)(c) is amended by omitting
“notice”
and substituting“order”
.(2) Section 107(3)(d) is amended by omitting
“notice”
and substituting“order”
.
14 Form and content of search warrant
Section 116(2)(b) is amended by omitting
“and every member of the police”
.
15 Additional matters relating to extension of registration of foreign restraining order
Section 138(1) is amended by omitting
“section 135”
and substituting“section 137”
.
16 Duties as to confidentiality generally overridden
Section 159(3) is amended by omitting
“sections 160 and 162”
and substituting“sections 160 to 162”
.
17 Legal professional privilege
-
(1) Section 160(4)(a) is amended by omitting
“section 2 of the Law Practitioners Act 1982”
and substituting“section 6 of the Lawyers and Conveyancers Act 2006”
.(2) Section 160(7) is amended by omitting
“the term lawyer means a barrister or solicitor of the High Court, and”
.
18 Application of Part 4A
Section 207 is amended by omitting
“Rule 458D(1)(a)(xvii)”
and substituting“Rule 19.2(r)”
.
Legislative history | |
|---|---|
| 16 February 2012 | Divided from Statutes Amendment Bill (No 2) (Bill 271–2) and third reading |
| 24 February 2012 | Royal assent |
This Act is administered by the Ministry of Justice.
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Versions
Criminal Proceeds (Recovery) Amendment Act 2012
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