1: Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2023.
2: Commencement
1: This Act comes into force—
a: on a date set by Order in Council; or
b: to the extent not brought into force earlier, 12 months after Royal assent.
2: However, sections 7 32 34 38 40 43 subpart 1
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1)(a) brought into force 27 July 2023 clause 2 Criminal Proceeds (Recovery) Amendment Act 2023 Commencement Order 2023
1: Amendments to Criminal Proceeds (Recovery) Act 2009
3: Principal Act
This Part amends the Criminal Proceeds (Recovery) Act 2009 2023-04-01 Criminal Proceeds (Recovery) Act 2009 see section 2(2): Sections 7, 32, 34, 38, 40, and 43 brought into force on the day after Royal assent. OIC SL 2023/162 2023-07-27 Criminal Proceeds (Recovery) Act 2009 see section 2(1): On a date set by Order in Council; or to the extent not brought into force earlier, 12 months after Royal assent.
4: Section 5 amended (Interpretation)
1: In section 5(1) assets forfeiture order assets forfeiture order
a: a type 1 assets forfeiture order; or
b: a type 2 assets forfeiture order
2: In section 5(1) associate section 5A convertible legitimate property section 5B disclosure of source order section 109A(1) exempt proportion section 5B legitimate property section 5B organised criminal group section 5A threshold amount sections 6(1)(b), 24A(1)(d) and (e), and 50C(1)(d) and (e) type 1 assets forfeiture order section 50 type 2 assets forfeiture order section 50C
3: In section 5(1) restraining order 24, 24A
4: In section 5(1) specific property identifiable owner (subject to section 13
5: New sections 5A and 5B inserted
After section 5
5A: Meanings of associate and organised criminal group
Meaning of associate
1: In this Act, unless the context otherwise requires, associate
a: means a person who—
i: is associated with the member or participant; and
ii: is not a mere acquaintance of the member or participant; and
b: includes another member of or participant in the organised criminal group (whether or not a mere acquaintance of the member or participant).
2: For the purposes of subsection (1), a person is capable of being a participant in an organised criminal group whether or not the person shares the objective or objectives described in subsection (3) of the persons comprising the group. Meaning of organised criminal group
3: In this Act, unless the context otherwise requires, organised criminal group
4: In subsection (3), obtaining a material benefit from significant criminal activity
a: engaging in that activity; or
b: doing any thing that forms part of engaging in that activity.
5: For the purposes of subsection (3), a group of persons is capable of being an organised criminal group whether or not—
a: some of the persons in the group are subordinates or employees of others in the group; or
b: only some of the people involved in the group at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or
c: the membership of the group changes from time to time. 1961 No 43 ss 2(1) 98A
5B: Meanings of legitimate property, convertible legitimate property, and exempt proportion
Meaning of legitimate property
1: In this Act, unless the context otherwise requires, legitimate property
a: means all property acquired by the respondent, including—
i: any property gifted or loaned to the respondent (including money available to the respondent by way of credit); and
ii: any property acquired by the respondent through another person acting for, on behalf of, or for the benefit of the respondent; but
b: does not include any property acquired as a result of, or directly or indirectly derived from, an activity that is engaged in by the respondent or any other person and is an offence.
2: For the purposes of subsection (1)(b), a person engages in an activity that is an offence
a: they have been charged with or convicted of an offence in connection with the activity; or
b: they have been acquitted of an offence in connection with the activity; or
c: their conviction for an offence in connection with the activity has been quashed or set aside. Meaning of convertible legitimate property
3: In this Act, unless the context otherwise requires, a respondent’s convertible legitimate property
a: is property that, at the relevant time before the acquisition, was the respondent’s legitimate property that they were readily able to use for the acquisition; but
b: excludes any of that legitimate property that they did not use for the acquisition. Meaning of exempt proportion
4: In this Act, unless the context otherwise requires, exempt proportion
6: Section 6 amended (Meaning of significant criminal activity)
In section 6(1)(b) $30,000 the threshold amount
7: New section 7A and cross-heading inserted
After section 7 Savings, transitional, and related provisions
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Section 13 amended (No identifiable owner required for certain proceedings relating to specific property)
Replace section 13(2)
2: Subsection (1) does not apply to—
a: proceedings for an order made under section 24A
b: proceedings to register a foreign restraining order.
9: Section 15 amended (No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order)
In section 15
2: In this section, the significant criminal activity on which a type 2 assets forfeiture order is to be treated as being based is significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
10: Section 16 amended (Quashing criminal proceedings does not impact on civil forfeiture)
After section 16(2)
3: In this section, significant criminal activity is to be treated as the basis for a type 2 assets forfeiture order or an application for an order of that kind if it is significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
11: Section 17 amended (Multiple forfeiture orders and foreign forfeiture orders)
In section 17(1)(a) assets type 1 assets
12: Section 18 amended (Applying for restraining order)
In section 18(a) 24 , 24A
13: Section 20 amended (Court to which application for restraining order made)
In section 20(a) 24 , 24A
14: Section 24 amended (Making restraining order relating to specific property)
In the heading to section 24 specific property that is potentially tainted
15: New section 24A inserted (Making restraining order relating to specific property of associates of certain persons connected to organised criminal group)
After section 24
24A: Making restraining order relating to specific property of associates of certain persons connected to organised criminal group
Grounds and making of order
1: A court hearing an application for a restraining order relating to specific property of the respondent may make an order under this section if satisfied that it has reasonable grounds to believe each of the following:
a: when the respondent acquired the specific property, the respondent was an associate of 1 or more members of or participants in an organised criminal group:
b: all or any of those members or participants have, as members of or participants in the group,—
i: been involved in significant criminal activity at any time; or
ii: unlawfully benefited from significant criminal activity at any time:
c: the respondent’s convertible legitimate property for their acquisition of the specific property would have been insufficient to enable them to acquire the specific property at or near reasonable market value:
d: if the application relates to a single item of specific property, the amount calculated in accordance with the formula is at least the threshold amount:
e: if the application relates to more than 1 item of specific property, the sum of the amounts calculated in accordance with the formula for each item of specific property is at least the threshold amount.
2: The formula x − y where— x is the reasonable market value of the specific property when the application was made y is the value represented by the exempt proportion of the specific property when the application was made.
3: The restraining order that the court may make is an order that the property to which it applies (the restrained property
a: is not to be disposed of, or dealt with, other than as provided for in the restraining order; and
b: is to be under the Official Assignee’s custody and control. Formal valuation not required and estimate of relevant values sufficient
4: In an application made for the purposes of this section, the Commissioner is not required to provide the court with any formal valuation, and may provide estimates, as evidence of any of the following (the relevant property values
a: the value of any property that the Commissioner alleges is the respondent’s convertible legitimate property for the respondent’s acquisition of the specific property to which the application relates:
b: the value of any property, at the relevant time before the respondent acquired the specific property, that the Commissioner alleges is excluded by paragraph (b) of the definition of convertible legitimate property in section 5B(3)
c: the reasonable market value of specific property at the following dates:
i: the date on which it was acquired by the respondent:
ii: the date of the application.
5: For the purposes of this section, the court may rely on estimates provided by the Commissioner as evidence of the relevant property values.
16: Section 30 amended (Excluding severable interest from restrained property)
1: After section 30(2)(b)
ba: if the order was or is to be made under section 24A
2: In section 30(3)(b) the significant criminal activity or qualifying any significant criminal activity or the qualifying
17: Cross-heading above section 49 replaced
Replace the cross-heading above section 49 Type 1 assets forfeiture order: application and making
18: Section 49 amended (Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known))
1: Replace the heading to section 49 Contents of application for type 1 assets forfeiture order
2: In section 49 an assets a type 1 assets
19: Cross-heading above section 50 repealed
Repeal the cross-heading above section 50
20: Section 50 amended (Making assets forfeiture order)
1: In the heading to section 50 Making type 1
2: In section 50(1), (3), (4), and (5) an assets a type 1 assets
3: After section 50(2)
2A: The specific property is presumed to be tainted property if the Commissioner shows, on the balance of probabilities, that the respondent was served with a disclosure of source order in relation to that property and that the respondent—
a: failed to comply with the order; or
b: in purported compliance with the order, made a statement that is false or misleading in a material particular.
2B: The presumption may be rebutted if the respondent shows, on the balance of probabilities, that—
a: the respondent had a reasonable excuse for failing to comply with the order or for making the false or misleading statement (as the case may be); or
b: the specific property is not tainted property.
2C: The presumption applies (so long as it is not rebutted) whether or not the respondent has been convicted of an offence against section 152
2D: The presumption does not apply if the Court is satisfied that it would not be in the interests of justice for the presumption to apply.
4: In section 50(5) the assets the type 1 assets
21: New sections 50A to 50D and cross-heading inserted
After section 50 Type 2 assets forfeiture order: application and making
50A: Contents of application for type 2 assets forfeiture order
1: The Commissioner must specify each of the following in an application for a type 2 assets forfeiture order:
a: the respondent:
b: the specific property of the respondent to which the application relates:
c: the reasonable market value of the specific property, as determined by the Commissioner, at the following dates:
i: the date on which it was acquired by the respondent:
ii: the date of the application:
d: the property that the Commissioner alleges was the respondent’s convertible legitimate property for the respondent’s acquisition of the specific property ( see section 50B
e: the value of the alleged convertible legitimate property, as determined by the Commissioner, at the relevant time before the respondent acquired the specific property:
f: the property that the Commissioner alleges is excluded legitimate property:
g: the value of the alleged excluded legitimate property, as determined by the Commissioner, at the relevant time before the respondent acquired the specific property:
h: any persons other than the respondent who, to the knowledge of the Commissioner, have an interest in the specific property to which the application relates.
2: In this section, excluded legitimate property section 5B(3)
50B: Convertible legitimate property presumed to be property stated in application
1: For the purposes of section 50C
2: However, that presumption may be rebutted by the respondent to the extent that the respondent satisfies the court, on the balance of probabilities, that the respondent’s convertible legitimate property for the acquisition consisted of—
a: some or all of the property stated in the application and other property; or
b: other property not stated in the application.
50C: Making type 2 assets forfeiture order
1: The High Court must make a type 2 assets forfeiture order, in respect of specific property of a respondent to which an application for the order relates, if satisfied, on the balance of probabilities, that,—
a: when the respondent acquired the specific property, the respondent was an associate of 1 or more members of or participants in an organised criminal group; and
b: all or any of those members or participants have, as members of or participants in the group,—
i: been involved in significant criminal activity at any time; or
ii: unlawfully benefited from significant criminal activity at any time; and
c: the respondent’s convertible legitimate property for their acquisition of the specific property would have been insufficient to enable them to acquire the specific property at or near reasonable market value; and
d: if the application relates to a single item of specific property, the amount calculated in accordance with the formula is at least the threshold amount; and
e: if the application relates to more than 1 item of specific property, the sum of the amounts calculated in accordance with the formula for each item of specific property is at least the threshold amount.
2: However, the Court must not make a type 2 assets forfeiture order in respect of specific property if—
a: the respondent satisfies the Court, on the balance of probabilities, that the specific property is not tainted property; or
b: the Court is satisfied that it would not be in the interests of justice to make the order.
3: See also section 51 sections 61 to 69
4: The formula x − y where— x is the reasonable market value of the specific property when the application was made y is the value represented by the exempt proportion of the specific property when the application was made.
50D: Matters to be specified in type 2 assets forfeiture order
1: The Court must specify in a type 2 assets forfeiture order the specific property to which the order applies (the subject property
a: vests in the Crown absolutely to the extent of the interest specified in the order; and
b: is in the custody and control of the Official Assignee.
2: The interest that vests in the Crown is to be expressed as a proportion of the value of the subject property that remains after excluding the exempt proportion (if any) of that property.
3: To the extent that the respondent satisfies the Court, on the balance of probabilities, that a proportion of the value of the subject property is not attributable to significant criminal activity,—
a: that proportion is to be treated as the exempt proportion for the purpose of subsection (2); and
b: the definition in section 5B(4)
4: The proportion of the value that is not attributable to significant criminal activity is the proportion of that value that—
a: was not acquired by the respondent as a result of significant criminal activity engaged in by any person; and
b: was not directly or indirectly derived by the respondent from significant criminal activity engaged in by any person.
22: New cross-heading above section 51 inserted
Before section 51 Exclusion from type 1 or type 2 assets forfeiture order
23: Section 51 amended (Exclusion of respondent’s property from assets forfeiture order because of undue hardship)
In section 51(2)(c) the circumstances in the case of a type 1 assets forfeiture order,
24: Cross-heading above section 52 replaced
Replace the cross-heading above section 52 Profit forfeiture order: application and making
25: Cross-heading above section 53 repealed
Repeal the cross-heading above section 53
26: Section 54 amended (High Court must determine maximum recoverable amount)
1: In section 54(1)(b) and (3) an assets a type 1 assets
2: In section 54(3) the assets the type 1 assets
27: Section 58 renumbered and repositioned (Court may treat effective control over property as interest in property)
1: Renumber section 58 section 17
2: In section 58(4) profit forfeiture order and in any restraining order restraining order, any type 2 assets forfeiture order, or any profit forfeiture order
28: Section 60 amended (Civil forfeiture order relating to land)
In section 60(1) section 50 , 50C, 50D
29: Section 66 amended (Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity)
Replace section 66(1)(b)
b: has not unlawfully benefited from the following significant criminal activity:
i: in the case of a type 2 assets forfeiture order or proposed type 2 assets forfeiture order, any significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
ii: in any other case, the significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates.
30: Section 67 amended (Making order for relief from civil forfeiture order on grounds of undue hardship)
1: In section 67(2)(c) the significant criminal activity to which the property relates any significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates
2: In section 67(2)(d) the significant criminal activity to which the property or order relates any significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates
31: Section 82 amended (Discharge of assets forfeiture order by Official Assignee)
After section 82(3)
4: If the assets forfeiture order is a type 2 assets forfeiture order, the property may be disposed of only to the extent of the interest specified in the order.
5: If that interest is not severable from the property to which it relates, that property may be wholly disposed of, but—
a: the money resulting from the disposal that is to be applied under subsection (1) is limited to the proportion of the realised amount that is equal to the proportion referred to in section 50D(2)
b: any remaining money must be paid to the former interest holder.
32: New section 84A and cross-heading inserted
After section 84 Discharge of civil forfeiture order applying to interests in KiwiSaver scheme
84A: Discharge of civil forfeiture order applying to interests in KiwiSaver scheme
1: To the extent that the property specified in a civil forfeiture order is an interest held by a person as a member of a KiwiSaver scheme, the interest must be disposed of in accordance with this section.
2: At the time that the property is required to be disposed of under section 82 or 83
3: As soon as practicable after the Official Assignee notifies the manager, the manager must arrange for an amount up to the member’s accumulation to be released into the custody and control of the Official Assignee.
4: In this section,— KiwiSaver scheme section 4(1) of the KiwiSaver Act 2006 manager section 6(1) of the Financial Markets Conduct Act 2013 member’s accumulation section 4(1) of the KiwiSaver Act 2006
33: New section 109A and cross-heading inserted
After section 109 Disclosure of source orders
109A: High Court may make disclosure of source order
1: On application by the Commissioner, the High Court may make an order (a disclosure of source order
2: The Commissioner cannot apply for a disclosure of source order on or after applying for a type 1 assets forfeiture order relating to the same property to which the restraining order applies.
3: The Court may make a disclosure of source order only if satisfied that there are reasonable grounds to believe that the respondent—
a: is residing outside New Zealand (whether temporarily or permanently) or is absent from New Zealand; or
b: is a corporation that is incorporated outside New Zealand (other than an overseas company that is registered under Part 18 of the Companies Act 1993
4: The source information
a: the name of each person who the respondent knows holds, or believes may hold, an interest in the property and the nature of that interest:
b: the circumstances in which the respondent acquired the property, including—
i: how they acquired it; and
ii: the source of any funds or other property used for that acquisition:
c: if the property is tangible and movable property that the respondent acquired outside New Zealand and, after that acquisition, was brought into New Zealand,—
i: the country or place in which they acquired the property; and
ii: any countries or places through which the property transited before being moved into New Zealand:
d: any other information of a kind specified in the disclosure of source order:
e: any documents of a kind specified in the order to substantiate the information referred to in any of paragraphs (a) to (d).
5: The period specified in the order must not exceed the period of 2 months after the order is made unless the Court is satisfied that special circumstances exist that make a longer period appropriate.
6: The Court may,—
a: on application by the Commissioner, vary the period specified in the order by way of a further order; or
b: on application by the respondent or on the Court’s own motion, extend the period specified in the order by way of a further order.
7: The order must inform the respondent of the effect of each of the following:
a: section 50(2A) to (2D)
b: section 152
c: section 163
d: section 165A
8: In this section, section 24 restraining order section 24
34: Sections 112 and 113 replaced
Replace sections 112 113
112: Return of seized property that is not subject of forfeiture order
1: Any property that is transferred to the Official Assignee under section 103 section 110
2: However, this section does not require the return of property if that property is the subject of a forfeiture order—
a: when the property is transferred or seized as referred to in subsection (1); or
b: when a requirement to return the property to the appropriate person as soon as practicable would otherwise apply under this section.
3: If the property was the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of the restraining order.
4: If the property was not the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of 28 days after the date on which the property comes into the custody or control of the Official Assignee (the 28-day period
5: However,—
a: if a restraining order is obtained in relation to that property before the expiry of the 28-day period, the property must be returned to the appropriate person as soon as practicable after the order expires; or
b: if a restraining order is not obtained in relation to that property before the expiry of the 28-day period but an application for a forfeiture order is made as soon as practicable and before that expiry, the property must be returned as soon as practicable after the application is determined; or
c: if an application for a restraining order is made as soon as practicable and before the expiry of the 28-day period, but not determined before that expiry, the property must be returned as soon as practicable after—
i: the application is determined if the application is refused; or
ii: the expiry of the restraining order if the application is granted.
6: This section is subject to section 113
7: In this section, the appropriate person
113: Disputed ownership, etc, of seized property to which section 112 applies
1: The Official Assignee may apply to the District Court for an order under this section if there is a dispute, or the Official Assignee is uncertain (for any reason), about whom property must be returned to under section 112
2: On an application under this section, the District Court may—
a: order that the property be destroyed; or
b: order that the property be delivered to the person appearing to the court to be the owner of the property or entitled to possession of it; or
c: if the owner or person entitled to possession cannot be found, make any order with respect to the property’s possession or sale that the court thinks fit.
3: If, after the District Court makes an order under this section in relation to any property, an action is commenced against the Crown for the recovery of the property or its value, the order and the delivery of the property in accordance with the order may be given and must be received in evidence in bar of the action.
4: However, the order or delivery does not affect the right of any persons entitled by law to possession of the property to recover the property from any person or body (other than the Crown).
5: In this section, the Crown
a: the Commissioner or any Police employee (within the meaning of section 4 of the Policing Act 2008
b: the Official Assignee or any delegate of the Official Assignee or any other member of staff of the Official Assignee. 2012 No 24 s 154
35: Section 152 amended (Failing to comply with orders and search warrants)
In section 152(1) or production order , a production order, or a disclosure of source order
36: Section 163 amended (Privilege against self-incrimination no excuse)
In section 163 or 107 , 107, or 109A
37: Section 164 amended (Admissibility of evidence)
In section 164(1) or 107 , 107, or 109A
38: Section 165 replaced (Admissibility of self-incriminating statements)
Replace section 165
165: Admissibility of self-incriminating statement made in response to production or examination order
General
1: Any self-incriminating statement that a person makes orally, in the course of doing any of the following in response to a production or examination order, is not admissible against them in any civil or criminal proceedings:
a: answering any question:
b: supplying any information:
c: producing any document:
d: providing any explanation.
2: Subsection (1) applies whether or not the statement is recorded in writing.
3: Subsections (4) to (8) set out exceptions to subsection (1). Exception for civil proceedings
4: Any statement that a person makes in response to a production or examination order may be used in evidence against them in any civil proceedings specified in section 10(1) Exceptions for criminal proceedings
5: Any self-incriminating statement referred to in subsection (1) that a person makes may be used in evidence against them in any prosecution for an offence against section 109 of the Crimes Act 1961
6: Any statement that a person makes in relation to their failure to comply with a production or examination order may be used in evidence against them in any prosecution for an offence against section 152
7: Any false or misleading statement that a person makes in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152
8: Any false or misleading document that a person produces in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152 Definitions
9: In this section,— false or misleading production or examination order
a: a production order made under section 105
b: an examination order made under section 107
10: In this section, doing any thing in response to a production or examination order section 105 or 107
39: New section 165A inserted (Admissibility of self-incriminating statement made in response to disclosure of source order)
After section 165
165A: Admissibility of self-incriminating statement made in response to disclosure of source order
General
1: Any self-incriminating statement that a person makes in response to a disclosure of source order is not admissible against the person in any civil or criminal proceedings.
2: Subsections (3) to (5) set out exceptions to subsection (1). Exception for civil proceedings
3: Any statement that a person makes in response to a disclosure of source order may be used in evidence against them in any civil proceedings specified in section 10(1) Exceptions for prosecution for offences against section 152
4: Any statement that the person makes in relation to their failure to provide information that the order requires them to provide may be used in evidence against them in any prosecution for an offence against section 152
5: Any false or misleading statement that the person makes in response to the order may be used in evidence against them in any prosecution for an offence against section 152 Definition of false or misleading statement
6: In this section, false or misleading statement
40: Section 166 amended (Admissibility of evidence given to court or Official Assignee)
In section 166(2)(a)(ii) 108 of the Crimes Act 1961 (which relates to perjury) or under this Act in relation 109 of the Crimes Act 1961 (which relates to perjury), or under this Act, relating
41: Section 173 amended (Regulations)
After section 173(1)(b)
ba: prescribing an amount for the purposes of the definition of threshold amount in section 5(1)
42: Subpart 10 of Part 2 repealed
Repeal subpart 10
43: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 1
2: Amendments to other Acts
1: Amendments to KiwiSaver Act 2006
44: Principal Act
This subpart amends the KiwiSaver Act 2006 2023-04-01 KiwiSaver Act 2006 see section 2(2): brought into force on the day after Royal assent
45: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
46: Section 127 amended (Member’s interest in KiwiSaver scheme not assignable)
1: In section 127(2) However, subsection Subsection
2: After section 127(2)
3: Subsection (1) also does not prevent an amount up to the value of the member’s accumulation from being released to the Official Assignee of New Zealand on behalf of the Crown if that release is required because of a civil forfeiture order within the meaning of section 5(1) of the Criminal Proceeds (Recovery) Act 2009
47: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 2
48: Schedule 1 amended
In Schedule 1, replace clause 7(2)
2: A requirement to release funds from the KiwiSaver scheme under any enactment includes a requirement to release funds from the KiwiSaver scheme by or because of an order of any court under any enactment.
3: Examples of an order of a court referred to in subsection (2) are—
a: an order made under section 31 of the Property (Relationships) Act 1976
b: a civil forfeiture order within the meaning of section 5(1) of the Criminal Proceeds (Recovery) Act 2009 see section 84A
2: Amendments to Mutual Assistance in Criminal Matters Act 1992
49: Principal Act
This subpart amends the Mutual Assistance in Criminal Matters Act 1992 OIC SL 2023/162 2023-07-27 Mutual Assistance in Criminal Matters Act 1992 see section 2(1): on a date set by Order in Council; or if not brought in earlier, 12 months after Royal assent.
50: Section 2A amended (Certain investigations relating to civil proceedings deemed to be criminal investigations)
After section 2A(2)
2A: An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property must be treated as a criminal investigation for the purposes of Part 2
a: is, or is proposed to be, the subject of an application for—
i: a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009 CPR Act
ii: a type 2 assets forfeiture order (within the meaning of the CPR Act); or
b: is the subject of a restraining order under section 24A
2B: Subsection (2A) applies despite the related proceedings being civil in nature.
51: Section 2B amended (Certain civil proceedings deemed to be criminal proceedings)
After section 2B(2)
2A: A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property by way of an application for any of the following orders must be treated as a criminal proceeding for the purposes of Part 2
a: a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009
b: a type 2 assets forfeiture order (within the meaning of that Act).
3: Amendment to Sentencing Act 2002
52: Principal Act
This subpart amends the Sentencing Act 2002 OIC SL 2023/162 2023-07-27 Sentencing Act 2002 see section 2(1): on a date set by Order in Council; or if not brought in earlier, 12 months after Royal assent.
53: Section 142I amended (Determining ownership of property)
In section 142I section 58 section 17A


1: Title
This Act is the Criminal Activity Intervention Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Discharging firearm with intent to intimidate
1: Amendments to Crimes Act 1961
3: Principal Act
This subpart amends the Crimes Act 1961 2023-04-05 Crimes Act 1961
4: Section 308 amended (Threatening acts)
1: Replace the heading to section 308 Threatening acts in relation to dwellinghouses and persons in dwellinghouses
2: Replace section 308(b)
b: by threatening behaviour, alarms or attempts to alarm any person in a dwellinghouse.
5: New section 308A inserted (Discharging firearm to intimidate)
After section 308
308A: Discharging firearm to intimidate
1: A person commits an offence who discharges a firearm intending to intimidate 1 or more other persons.
2: A person who is convicted of an offence under subsection (1) is liable to a term of imprisonment not exceeding 5 years.
2: Amendments to Arms Act 1983
6: Principal Act
This subpart amends the Arms Act 1983 2023-04-05 Arms Act 1983
7: Section 22H amended (Persons disqualified from holding firearms licence)
In section 22H(a)(iii) or 306 306, or 308A
8: Section 39A amended (When FPO may be made)
Replace section 39A(1)(a)(iii)
iii: an offence under section 98A, 189A, or 308A of the Crimes Act 1961
3: Amendment to Sentencing Act 2002
9: Principal Act
This subpart amends the Sentencing Act 2002 2023-04-05 Sentencing Act 2002
10: Section 111A amended (Firearms prohibition order)
Replace section 111A(2)(c)
c: an offence under section 98A, 189A, or 308A of the Crimes Act 1961
4: Amendments to Search and Surveillance Act 2012
11: Principal Act
This subpart amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
12: Section 45 amended (Restrictions on some trespass surveillance and use of interception device)
1: After section 45(1)(c)
d: against section 308A of the Crimes Act 1961
2: After section 45(2)(c)
d: against section 308A of the Crimes Act 1961
5: Amendment to Criminal Investigations (Bodily Samples) Act 1995
13: Principal Act
This subpart amends the Criminal Investigations (Bodily Samples) Act 1995 2023-04-05 Criminal Investigations (Bodily Samples) Act 1995
14: Schedule 1 amended
In Schedule 1, Part 3 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995 and should be read with that table to provide understanding of the context. Threatening acts in relation to dwellinghouses and persons in dwellinghouses section 308 Discharging firearm to intimidate section 308A
2: Expanding power of enforcement officers to seize and impound vehicles
15: Principal Act
This Part amends the Land Transport Act 1998 2023-04-05 Land Transport Act 1998
16: Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
After section 96(1AA)
1AAB: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that the driver has committed an offence against section 35(1)(a) or (b) or 39(1)
17: Section 102 amended (Appeal to Police against impoundment of vehicle)
Replace section 102(1)(f) and (g)
f: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3), 22AF, 35(1)(a) or (b), 39(1), or 114
g: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3), 22AF, 35(1)(a) or (b), 39(1), or 114
3: Warrants to search and seize weapons when there is gang conflict
18: Principal Act
This Part amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
19: Section 6 amended (Issuing officer may issue search warrant)
In section 6
2: This section does not apply to an application for a search warrant issued under section 18D
20: New subpart 6A of Part 2 inserted
After section 18
6A: Warrants to search and seize weapons when there is gang conflict
18A: Interpretation
In this subpart, unless the context otherwise requires,— gang section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 gang conflict
a: has involved, or is likely to involve, the use of weapons; and
b: has presented, or is likely to present, a risk of harm to persons or damage to property gang insignia section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 gang member
a: means an individual who is a member of a gang (including an individual who is a prospective member or nominee); and
b: includes—
i: an individual who demonstrates affiliation to a gang by displaying the gang’s insignia:
ii: an individual who is involved in the affairs of a gang for the likely purpose of participating in a criminal activity weapon
a: any arms; and
b: any other item made, or modified, for use to cause bodily injury.
18B: Application for warrant to search places and vehicles and seize weapons
If a gang conflict exists, a constable may apply to a Judge for a warrant to—
a: search places and vehicles in an area for the purpose of locating weapons at, in, or on those places or in or on those vehicles; and
b: seize any weapons found at, in, or on those places or in or on those vehicles.
18C: Content of application
1: An application made under section 18B
a: the name of the applicant; and
b: the provision that authorises the making of the application; and
c: the grounds on which the application is made (including the reasons why the applicant believes the legal requirements for issuing the warrant are satisfied); and
d: a description of the area in which the gang conflict exists; and
e: the name or names of the gang or gangs involved in the gang conflict; and
f: a description of the area in which the search of places and vehicles is proposed to be conducted; and
g: the name or names of the gang or gangs in that area involved in the gang conflict; and
h: the names of any persons other than persons who are gang members of a gang referred to in paragraph (e) whose places and vehicles are proposed to be entered and searched; and
i: the addresses or descriptions of the places proposed to be entered and searched; and
j: a description of the vehicles proposed to be entered and searched; and
k: the period for which the warrant is sought.
2: When considering an application made under section 18B
a: may require the applicant to provide further information concerning the grounds on which the warrant is sought; but
b: must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, that information is necessary for the Judge to assess either or both of the following:
i: the credibility of the informant:
ii: whether there is a proper basis for issuing the warrant.
3: The applicant must disclose in the application—
a: details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of any place or vehicle proposed to be searched; and
b: the result of that application or those applications.
4: The applicant must, before applying for a search warrant under section 18B
18D: Issue of warrant to search places and vehicles in specified area and seize weapons
1: A Judge may issue a warrant on an application made under section 18B
a: a gang conflict exists; and
b: 1 or more gangs involved in the gang conflict are in a specified area; and
c: the issue of the warrant may reduce the risk of harm to people or property.
2: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified places for the purpose of locating weapons and seizing any weapons found at, in, or on any of those places:
a: there are reasonable grounds to suspect that the specified places are owned, occupied, or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified places are owned, occupied, or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
3: A warrant authorising the search of places specified under subsection (2) may only authorise the search of non-private premises if the Judge issuing the warrant is satisfied that there are reasonable grounds to suspect that the premises are being used by gang members to conduct gang-related activities involving weapons.
4: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified vehicles for the purpose of locating weapons and seizing any weapons found in or on any of those vehicles:
a: there are reasonable grounds to suspect the specified vehicles are owned or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified vehicles are owned or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
5: A warrant may also authorise a search within the specified area of any vehicles other than specified vehicles for the purpose of locating and seizing weapons found in or on the vehicles if a constable is satisfied that there are reasonable grounds to suspect that the vehicles are—
a: owned or used by 1 or more gang members of a specified gang; or
b: owned or used by 1 or more specified persons who are encouraging or assisting in the gang conflict.
6: In this section,— specified area
a: the same area as the area in which the gang conflict exists; or
b: a different area to the area in which the gang conflict exists; or
c: an area that includes part of the area in which the gang conflict exists; or
d: an area within the area in which the gang conflict exists specified gang specified person specified place specified vehicle
18E: Places and vehicles may be searched on more than 1 occasion
A warrant issued under section 18D
a: different places or vehicles:
b: the same place or vehicle, subject to any conditions specified in the warrant that the Judge considers reasonable.
18F: Form and content of warrant
1: This section applies in respect of a warrant issued under section 18D
2: Every warrant must be in the prescribed form, if any.
3: Every warrant must be directed to a constable.
4: A warrant may be—
a: executed by a constable:
b: subject to any conditions specified in the warrant that the issuing Judge considers reasonable, including (without limitation)—
i: any restriction on the time of execution that is reasonable:
ii: a condition that the occupier or person in charge of a place must provide reasonable assistance to a constable executing the warrant if, in the absence of such assistance, it would not be practicable to execute the warrant without undue delay.
5: Every search warrant must contain, in reasonable detail, the following particulars:
a: the name of the issuing Judge and the date on which the warrant was issued:
b: the provision that authorises the issue of the warrant:
c: a statement that the constable executing the warrant may use any assistance that is reasonable in the circumstances:
d: a statement that any constable may execute the warrant:
e: a statement that the constable executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place or vehicle being searched:
f: a description of the area in which authorised searches of places and vehicles may be conducted (the specified area
g: to the extent that is applicable,—
i: the addresses or descriptions of places in the specified area that are authorised to be searched ( specified places
ii: the descriptions of vehicles in the specified area that are authorised to be searched ( specified vehicles
iii: a statement that vehicles other than specified vehicles are authorised to be searched in the specified area in accordance with section 18D(5)
iv: the name or names of the gang or gangs in the specified area involved in the gang conflict ( specified gangs
v: the names of persons who are not gang members of a specified gang whose places and vehicles may be searched in the specified area ( specified persons
h: a description of what may be seized:
i: the period during which the warrant may be executed, being a period specified by the issuing Judge not exceeding 14 days from the date on which the warrant was issued:
j: any conditions specified by the issuing Judge under subsection (4)(b):
k: an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
l: a statement that any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.
6: A person is not required, as a consequence of a condition imposed under subsection (4)(b), to give any information tending to incriminate the person.
7: In this section, issuing Judge section 18D
18G: Judge may require warrant report
1: A Judge who issues a warrant under section 18D section 18F(4)(b)
2: A search warrant report must contain the following information:
a: whether the warrant was executed; and
b: whether the execution of the warrant resulted in the seizure of any weapons; and
c: whether the execution of the warrant resulted in the seizure of evidential material, and, if so, whether that material was—
i: a weapon seized under the warrant; or
ii: material seized under section 123 or 123B
d: whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material; and
e: whether any criminal proceedings have been brought, or are under consideration, that relate to—
i: the weapons seized; or
ii: any other evidential material seized.
21: Section 98 amended (Application for search warrant)
After section 98(5)
6: This section does not apply to an application made under section 18B see section 18C
22: Section 131 amended (Identification and notice requirements for person exercising search power (other than remote access search))
1: Replace section 131(1)(b)
b: before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
i: a copy of the search warrant (unless the warrant is issued under section 18D
ii: if the power is exercised under a warrant issued under section 18D(2) or (3)
iii: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: a copy of the warrant redacted to show only the specified vehicle in respect of which the search power is being exercised:
B: a copy of the warrant showing the authority to search vehicles other than specified vehicles, or redacted to show only the authority to search vehicles other than specified vehicles; or
iv: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment; and
C: advice about how a copy of the warrant referred to in subparagraph (iii) can be made available within 7 days after the date of the search; or
v: if the power is exercised without a warrant and it is reasonably practicable in the circumstances to do so,—
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment.
2: After section 131(4)
4A: In subsection (4), search warrant
3: After section 131(5)(b)
ba: if the power is exercised under a warrant issued under section 18D(4) or (5)
i: the name of the enactment under which the search took place; and
ii: the reason for the search under that enactment; and
iii: advice about how a copy of the warrant referred to in subsection (1)(b)(iii) can be made available within 7 days after the date of the search:
23: New section 160A inserted (Disposal of weapons)
After section 160
160A: Disposal of weapons
1: Subsection (2) applies if a weapon is seized as a result of the execution of a warrant issued under section 18D
a: there is no mechanism provided for disposing of the weapon, or it has not been disposed of, under any other legislation; and
b: no order has been made by a court in relation to the disposal of the weapon.
2: The Police may destroy the seized weapon if—
a: notice is given to the person from whom the weapon was seized and that person—
i: consents to its destruction; or
ii: does not within 30 days consent to its destruction; or
b: the person to whom the notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or
c: in a case where a person objects to the destruction of the weapon within 30 working days of receiving a notice under paragraph (a) and any person applies within that period to a court to determine the status of the weapon, the court is satisfied that—
i: the possession of the weapon by the person from whom it was seized is unlawful under New Zealand law; or
ii: there is no legitimate reason to own or possess the weapon and the destruction of the weapon is just.
3: In this section, weapon section 18A
24: Section 170 amended (Annual reporting of search and surveillance powers by Commissioner)
After section 170(1)(b)
ba: the matters set out in section 171A subpart 6A of Part 2
25: New section 171A inserted (Information to be included in report on warrants under subpart 6A of Part 2)
After section 171
171A: Information to be included in report on warrants under subpart 6A of Part 2
The following information is required by section 170(1)(ba)
a: the number of applications made under section 18B
b: the number of warrants issued under section 18D
c: for each warrant issued under section 18D
i: the number of searches conducted; and
ii: the number of places searched (on 1 or more occasions); and
iii: the number of vehicles searched (on 1 or more occasions); and
iv: the number of weapons seized as a result of the places and vehicles searched:
d: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the execution of a warrant issued under section 18D
4: Prohibition on persons conducting cash transactions for certain items above applicable threshold value
26: Principal Act
This Part amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 2023-04-05 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
27: New subpart 5A of Part 2 inserted
After section 67
5A: Cash transactions above applicable threshold value
67A: Prohibition on certain cash transactions
A person who is in trade must not buy or sell any of the following articles by way of a cash transaction or a series of related cash transactions, if the total value of that transaction or those transactions is equal to or above the applicable threshold value:
a: jewellery:
b: watches:
c: gold, silver, or other precious metals:
d: diamonds, sapphires, or other precious stones:
e: motor vehicles (within the meaning of section 6(1) of the Motor Vehicle Sales Act 2003
f: ships (within the meaning of section 2(1) of the Maritime Transport Act 1994
28: Section 78 amended (Meaning of civil liability act)
After section 78(g)
h: enters into cash transactions in relation to certain items in breach of section 67A
29: Section 90 amended (Pecuniary penalties for civil liability act)
In section 90(3) or (f) (f), or (h)
30: Section 104 amended (Time limit for prosecution of offences relating to non-compliance with AML/CFT requirements)
In section 104 any of sections 101 to 103 section 101, 102, 103, or 105A
31: New section 105A and cross-heading inserted
After section 105 Offence relating to cash transactions
105A: Contravention of section 67A
1: A person commits an offence who contravenes section 67A
2: A person who commits an offence under subsection (1) is liable, on conviction, to,—
a: in the case of an individual, either or both of the following:
i: a term of imprisonment of not more than 2 years:
ii: a fine of up to $300,000; and
b: in the case of a body corporate or partnership, a fine of up to $5 million.
5: Seizure of cash amount of or over $10,000 found in suspicious circumstances
32: Principal Act
This Part amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
33: New sections 123A to 123E and cross-heading inserted
After section 123 Seizure of cash found in suspicious circumstances
123A: Interpretation
1: In this section and sections 123B to 123E authorised holding period
a: section 123C(3)(a)
b: section 123C(7) cash
a: cash as defined in section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
b: gold bars:
c: gold ingots cash seized section 123B cash seizure threshold amount
a: the amount of NZ$10,000 or an equivalent cash amount; or
b: such other amount as may be prescribed by regulations made under section 342(2A) enforcement officer section 2(1) of the Civil Aviation Act 1990
2: For the purposes of sections 123B to 123E in the possession of
a: on the person; or
b: in a bag or receptacle owned by or carried by or with the person; or
c: in or under the effective control of the person; or
d: in a vehicle in which the person is the driver or an occupant.
123B: Seizure of cash of or over cash seizure threshold amount
1: This section applies to a constable who,—
a: as part of their duties,—
i: is exercising a search power; or
ii: is lawfully in any place or in or on a vehicle; or
iii: is conducting a lawful search of a person; and
b: sees or finds cash in the possession of any person that the constable reasonably believes to be an amount of or over the cash seizure threshold amount.
2: This section also applies to a constable who is informed by an enforcement officer that the enforcement officer, while lawfully screening or searching any person, item, or vehicle as part of their duties, has seen or found cash in the possession of any person in suspicious circumstances.
3: The constable may question the person in the possession of the cash about—
a: the origin of the cash; and
b: the intended use for the cash.
4: The constable must advise the person in possession of the cash of the power of the constable, or of any person assisting the constable, to seize the cash under subsection (5).
5: The constable, or any person assisting the constable, may seize the cash if the constable—
a: reasonably believes the cash to be an amount of or over the cash seizure threshold amount; and
b: is not satisfied with the explanations given by the person in response to the questions put to the person under subsection (3); and
c: has reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose.
6: As soon as is reasonably practicable, and in any case not later than 7 days after the cash is seized, a constable must—
a: return the cash to the person from whom it was seized, or have made contact with that person or that person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized); or
c: make an application to the District Court under section 123C
7: Nothing in this section affects or limits the power of a constable to seize property that is given by or under any other legislative provision or by the common law.
123C: Application to retain cash seized for further period
1: A constable may apply to a District Court Judge for an order authorising the Police to hold any cash seized for a further period to enable investigations to continue to establish the origin of the cash or its intended use.
2: The Police may continue to hold the cash seized pending the determination or withdrawal of the application.
3: A District Court Judge may—
a: grant the application if satisfied of the matters in subsection (4) and make an order authorising the Police to continue to hold the cash seized for a further period not exceeding 28 days from the date of the order; or
b: decline the application and make directions for—
i: the return of the cash to the person from whom the cash was seized; or
ii: the release of the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
4: The matters referred to in subsection (3)(a) are that the Police—
a: continue to have reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose; and
b: are—
i: continuing investigations to establish the origin of the cash seized or its intended use; or
ii: taking steps to commence proceedings under the Criminal Proceeds (Recovery) Act 2009
5: Before the expiry of the period specified in an order made under subsection (3)(a) (the further period
6: Only 1 application may be made under subsection (5).
7: A District Court Judge may grant an application made under subsection (5) if in respect of that application the Judge is satisfied of the matters in subsection (4).
8: However, in no case may an order be made under subsection (3)(a), or be extended under subsection (7), if the effect of making or extending the order would be to authorise the Police to hold the cash seized for a period exceeding 63 days from the date on which it was seized.
123D: Return or release of cash seized
1: If any of the circumstances specified in subsection (2) exist, the Police must, as soon as is reasonably practicable,—
a: return the cash seized to the person from whom it was seized, or make contact with the person or the person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
2: The circumstances referred to in subsection (1) are that—
a: the authorised holding period has ended and before the end of that period the Police did not commence proceedings under the Criminal Proceeds (Recovery) Act 2009
b: any proceedings commenced under the Criminal Proceeds (Recovery) Act 2009
c: the person from whom the cash was seized, or the owner of the cash, has requested the return of the cash and provided the Police with information about its origin and intended purpose and the Police, having considered all available information, are satisfied that the cash has lawful and legitimate origin or derivation and is not to be used for any unlawful or dishonest purpose.
123E: Application to District Court for return or release of cash seized
1: The person from whom the cash was seized, or the owner of the cash, may apply to the District Court for the return or release of the cash seized if—
a: the person or owner has requested the Police to return the cash and that request has been refused; and
b: the Police have not commenced proceedings under the Criminal Proceeds (Recovery) Act 2009
2: A District Court Judge may grant an application made under subsection (1) if, having regard to the following, the Judge is satisfied that it would be contrary to the interests of justice for the Police to continue to hold the cash:
a: the value of the cash seized; and
b: any loss or damage to the applicant that is caused, or is likely to be caused, by not returning or releasing the cash seized; and
c: the need for the Police to continue to hold the cash seized for the purpose of—
i: commencing proceedings under the Criminal Proceeds (Recovery) Act 2009
ii: producing it as evidence in any other proceedings.
34: Section 104 amended (Issuing officer may require search warrant report)
In section 104(2)(b)(ii) and (iii) section 123 or 123B
35: Section 149 amended (Disposal of things seized or produced)
After section 149(2)
3: This subpart does not apply to cash seized under section 123B
36: Section 342 amended (Regulations)
After section 342(2)
2A: The Governor-General may, by Order in Council, make regulations prescribing, for the purposes of the definition of cash seizure threshold amount in section 123A(1)