Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836774590.pdf (New Zealand)
2009/311 Criminal Proceeds (Recovery) Regulations 2009 Anand Satyanand, Governor-General Order in Council At Wellington this 19th day of October 2009 Present: His Excellency the Governor-General in Council Pursuant to section 173 of the Criminal Proceeds (Recovery) Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Title Commencement Interpretation Contents Forms Restraining orders Orders associated with restraining orders Civil forfeiture orders Orders associated with civil forfeiture orders Search warrants Production orders Page 2 2 2 Criminal Proceeds (Recovery) Regulations 2009 2009/311 r 1 10 11 Examination orders Variation of prescribed forms 12 Court may dispense with service Service Costs 13 Costs recoverable by Official Assignee Schedule Forms Regulations 7 7 7 8 9 1 2 Title These regulations are the Criminal Proceeds (Recovery) Regu- lations 2009.
Commencement These regulations come into force on 1 December 2009.

3 (1) Interpretation In these regulations, unless the context otherwise requires, Act means the Criminal Proceeds (Recovery) Act 2009.

(2) A reference in these regulations to a numbered form is a refer- ence to the form with that number as set out in the Schedule.

(3) Words or expressions not defined in these regulations but de- fined in the Act have, in these regulations, the same meanings as in the Act.
Forms Restraining orders 4 (1) An application by the Commissioner, in accordance with sec- tion 18(a) of the Act, of the kind specified in one of the follow- ing paragraphs must be in the form specified in that paragraph: an application under section 21 of the Act for a restrain- (a) ing order on notice under section 24 or 25 (or both) of the Act—form 1: 2 2009/311 Criminal Proceeds (Recovery) Regulations 2009 r 5 (b) an application under section 22 of the Act for a restrain- ing order without notice under section 24 or 25 (or both) of the Act—form 2.
(2) An application by a prosecutor, in accordance with section 18(b) of the Act, of the kind specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an application under section 21 of the Act for a restrain- ing order on notice under section 26 of the Act—form 3: an application under section 22 of the Act for a re- straining order without notice under section 26 of the Act—form 4.
(b) (3) A restraining order made under section 24, 25, or 26 of the Act must be in form 5.
Orders associated with restraining orders 5 (1) An application of the kind specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an application by a person, under section 30 of the Act, to have that person’s severable interest in proposed restrained property or restrained property excluded from a proposed restraining order or restraining order—form 6: an application by the Commissioner or a prosecutor, under section 32 of the Act, to have a disposition or dealing set aside in relation to restrained prop- erty—form 8: an application by a person specified in section 33(1)(a) to (d), under section 33 of the Act, for a further order associated with a restraining order—form 10: an application under section 41 of the Act to extend the duration of a restraining order—form 12: an application by the Commissioner, under section 58 of the Act, to have the respondent’s effective control over property treated as an interest in property—form 27.
(b) (c) (d) (e) (2) An order specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an order excluding a severable interest from proposed restrained property or restrained property, under sec- tion 30 of the Act—form 7: 3 r 6 Criminal Proceeds (Recovery) Regulations 2009 2009/311 (b) (c) (d) (e) an order setting aside a disposition or dealing in re- lation to restrained property, under section 32 of the Act—form 9: a further order in relation to a restraining order, under section 35 of the Act—form 11: an order extending the duration of a restraining order, under section 41 of the Act—form 13: an order under section 58 of the Act that the respond- ent’s effective control over property be treated as an in- terest in property—form 28.
Civil forfeiture orders 6 (1) An application, by the Commissioner, of the kind specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an application under sections 43, 44, and 49 of the Act for an assets forfeiture order—form 14: an application under section 52 of the Act for a profit forfeiture order—form 21.
(b) (2) If the Commissioner proposes under section 47(1)(b) of the Act to request the High Court to amend an application for a civil forfeiture order the Commissioner must give notice of the request in form 15.
(3) An order specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an order under section 48(2) of the Act to enter on the register a note of an application for a civil forfeiture order—form 16: an order under section 48(3) of the Act to cancel an entry made on the register under section 48(2) of the Act—form 17: an assets forfeiture order under section 50 of the Act—form 18: a profit Act—form 22. forfeiture order under section 55 of the (b) (c) (d) 4 2009/311 Criminal Proceeds (Recovery) Regulations 2009 r 7 Orders associated with civil forfeiture orders 7 (1) An application, by the respondent, of the kind specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an application under section 51 of the Act to have prop- erty excluded from an assets forfeiture order because of undue hardship—form 19: an application under section 56 of the Act to have prop- erty excluded from a profit forfeiture order because of undue hardship—form 23.
(b) (2) An application, by the Commissioner, of the kind specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an application under section 54 of the Act to vary the maximum recoverable amount under a profit forfeiture order—form 25: an application under section 58 of the Act to have the respondent’s effective control over property treated as an interest in property—form 27.
(b) (3) An application under section 61 or 62 of the Act by a person (other than the respondent) who claims an interest in the prop- erty sought to be forfeited, or to which a civil forfeiture order relates, for an order for relief under section 66 or 67 of the Act must be in form 29.
(4) An order specified in one of the following paragraphs must be in the form specified in that paragraph: (a) an order under section 51 of the Act excluding property from an assets forfeiture order because of undue hard- ship—form 20: an order under section 56 of the Act excluding property from a profit forfeiture order because of undue hard- ship—form 24: an order under section 54 of the Act varying the maxi- mum recoverable amount under a profit forfeiture order—form 26: an order under section 58 of the Act that the respond- ent’s effective control over property be treated as an in- terest in property—form 28: (b) (c) (d) 5 r 8 Criminal Proceeds (Recovery) Regulations 2009 2009/311 (e) an order under section 66 or 67 of the Act granting relief from a civil forfeiture order—form 30.
Search warrants 8 (1) An application specified in one of the following paragraphs (c) (b) must be in the form specified in that paragraph: (a) an application by a constable for a warrant under sec- tion 101(1) of the Act—form 32: an application by the Commissioner (or his or her delegate) for a warrant under section 102(1) of the Act—form 34: an application by the Commissioner (or his or her delegate) for a warrant under section 108(2) of the Act—form 36: an application by the Official Assignee for a warrant under section 110(1) of the Act—form 38.
(2) A warrant specified in one of the following paragraphs must, in accordance with sections 108(2) and 116(1) of the Act, be in the form specified in that paragraph: (a) section 59(2) of issued under the (d) a warrant Act—form 31: a warrant Act—form 33: a warrant Act—form 35: a warrant Act—form 37: a warrant Act—form 39.
(b) (c) (d) (e) issued under issued under issued under issued under section 101(1) of the section 102(1) of the section 108(2) of the section 110(1) of the Production orders 9 (1) An application by the Commissioner under section 104 of the Act for a production order under section 105 of the Act must be in form 40.

(2) A production order under section 105 of the Act must, in ac- cordance with section 123(1) of the Act, be in form 41.
6 2009/311 Criminal Proceeds (Recovery) Regulations 2009 r 12 Examination orders 10 (1) An application by the Commissioner under section 106 of the Act for an examination order under section 107 of the Act must be in form 42.

(2) An examination order under section 107 of the Act must, in accordance with section 123(1) of the Act, be in form 43.
11 12 (1) Variation of prescribed forms A form prescribed by these regulations is used in accordance with them even if the form is used with either or both of the following, so long as the form is not misleading: (a) additional information included because it is required for identification or other official purposes: any variations that the circumstances may require.
(b) Service Court may dispense with service This regulation applies to a court hearing or determining pro- ceedings under the Act, or to which an application under the Act has been or is to be made, if the court is satisfied, on an application made to it for the purpose,— (a) that reasonable efforts have been made to effect service of a document under the Act by any of the modes per- mitted or required by or under rules of court; and either that the document has come to the knowledge of the person to be served or that prompt personal service of the document cannot be effected.
(b) (2) A court to which this regulation applies may, subject to any conditions it thinks fit to impose,— (a) dispense with service of the document on any person under the Act; and give leave to the party by whom the document is re- quired to be served to proceed as if service of the docu- ment had been effected on that person under the Act.
(b) Compare: SR 1992/167 r 5 7 r 13 13 (1) (2) Criminal Proceeds (Recovery) Regulations 2009 2009/311 Costs Costs recoverable by Official Assignee This regulation applies to property if the Official Assignee— takes custody and control of the property under a re- (a) straining order, forfeiture order, or foreign forfeiture order registered in New Zealand; or deals with or disposes of the property under a forfeiture order, or under a foreign forfeiture order registered in New Zealand.
(b) For the purposes of section 87(1) of the Act, the costs that the Official Assignee is entitled to recover, in accordance with all or any of sections 82(1)(a), 83(1)(a), 85(a), and 86(1)(a) of the Act, in respect of the exercise or performance by the Official Assignee or any delegate of the Official Assignee of functions or powers under the Act in respect of the property are— (a) all costs, charges, and expenses properly incurred or payable by or on behalf of the Official Assignee in con- nection with the exercise or performance, by the Offi- cial Assignee or any delegate of the Official Assignee, of functions or powers under the Act in respect of the property: for work undertaken by the Official Assignee or any Deputy Official Assignee in connection with the exer- cise or performance of functions or powers under the Act in respect of the property, remuneration of $200 per hour or part of an hour.
(b) (3) This regulation also applies, in accordance with section 51(e) of the Terrorism Suppression Act 2002, to property that is the subject of a direction under section 48 of that Act— (a) as if the direction were a restraining order made under section 24, 25, or 26 of the Act; and (b) with any other necessary modifications.
Compare: SR 1992/167 r 6 8 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Forms Contents Form 1 On notice application for restraining order (prior to civil forfeiture order) Form 2 Without notice application for restraining order (prior to civil forfeiture order) Form 3 On notice application for restraining order relating to instrument of crime Form 4 Without notice application for restraining order relating to instrument of crime Form 5 Restraining order Form 6 Application to have severable interest in restrained property excluded from restraining order Form 7 Order excluding severable interest from proposed restrained property or restrained property Form 8 Application to have disposition or dealing set aside Form 9 Order setting aside disposition or dealing Form 10 Application for further order(s) associated with restraining order Form 11 Further order(s) associated with restraining order Form 12 Application to extend duration of restraining order Form 13 Order extending duration of restraining order Form 14 Application for assets forfeiture order Form 15 Notice of request to amend application for civil forfeiture order Form 16 Order to enter on register note of application for civil forfeiture order Form 17 Order to cancel entry on register under section 48(2) of Act Form 18 Assets forfeiture order Form 19 Application to have property excluded from assets forfeiture order because of undue hardship Form 20 Order excluding property from assets forfeiture order because of undue hardship Form 21 Application for profit forfeiture order Form 22 Profit forfeiture order Form 23 Application to have property excluded from profit forfeiture order because of undue hardship Form 24 Order excluding property from profit forfeiture order because of undue hardship Schedule rr 4–11 Page 11 13 15 17 20 22 24 26 27 29 31 33 34 36 38 40 41 42 44 45 47 49 51 52 9 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 25 Application to vary maximum recoverable amount Form 26 Order varying maximum
 recoverable amount Form 27 Application to have respondent’s effective control over property treated as interest in property Form 28 Order that respondent’s effective control over property be treated as interest in property Form 29 Application for relief from civil forfeiture order Form 30 Order for relief from civil forfeiture order Form 31 Warrant authorising officer of court to search for and seize document(s) to effect transfer of property Form 32 Application for warrant authorising constables to search for and seize evidence and property Form 33 Warrant authorising constables to search for and seize evidence and property Form 34 Application for warrant authorising Commissioner and constables to search for and seize evidence and property Form 35 Warrant authorising Commissioner and constables to search for and seize evidence and property Form 36 Application for warrant authorising Commissioner and constables to search for and seize evidence and property for non-compliance with production order or examination order Form 37 Warrant authorising Commissioner and constables to search for and seize evidence and property for non-compliance with production order or examination order Form 38 Application for warrant authorising Official Assignee and his or her delegates to search for and seize evidence and property Form 39 Warrant authorising Official Assignee and his or her delegates to search for and seize evidence and property Form 40 Application for production order Form 41 Production order Form 42 Application for examination order Form 43 Examination order 54 56 58 60 62 65 67 69 71 73 75 77 80 83 85 87 89 91 93 10 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 1 On notice application for restraining order (prior to civil forfeiture order) Sections 21, 24, and 25, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent and *To [full name of any other person who, to the applicant’s knowledge, has an interest in the proposed
 restrained property] *Omit if no respondent or, as the case may be, other person who, to the applicant’s knowledge, has an interest in the proposed restrained property.
and To the Official Assignee This document notifies you that— 1 The applicant will on [date] apply to the court for an order that the property specified in paragraph 2— (a) is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and is to be under the Official Assignee’s custody and con- trol.
(b) 2 3 The property referred to in paragraph 1 is as follows: [specify and, if there is more than 1 item of property, number (a), (b), etc, the proposed restrained property, including the full legal description where appropriate, and including the full name of every person who, to the applicant’s knowledge, has an inter- est in the particular property (including, if applicable, the re- spondent), and the nature and extent of that interest, if known].

For this paragraph select the statement that applies.
Statement A The ground on which the order is sought is as follows: The property identified in [specify paragraph, for example, in “paragraph 2(a), (b), and (e) of”] this application is tainted property.

11 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 1—continued Statement B The ground on which the order is sought is as follows: The respondent [full name] has unlawfully benefited from sig- nificant criminal activity.
Statement C The grounds on which the order is sought are as follows: (a) the property identified in [specify paragraph, for ex- ample, in “paragraph 2(a), (b), and (e) of”] this appli- cation is tainted property; and the respondent [full name] has unlawfully benefited from significant criminal activity.
(b) 4 The application is to be made in reliance on sections 21 and [specify section 24 or 25 or both] of the Criminal Proceeds (Recovery) Act 2009 [and specify any particular provision of any other enactment, principle of law, or judicial decision re- lied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
12 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 2 Without notice application for restraining order (prior to civil forfeiture order) Sections 22, 24, and 25, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Official Assignee This document notifies you that— 1 The applicant applies to the court for an order that the property specified in paragraph 2— (a) is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and is to be in the Official Assignee’s custody and control.
(b) The property referred to in paragraph 1 is as follows: [specify and, if there is more than 1 item of property, number (a), (b), etc, the proposed restrained property, including the full legal description where appropriate, and including the full name of every person who, to the applicant’s knowledge, has an inter- est in the particular property (including, if applicable, the re- spondent), and the nature and extent of that interest, if known].

For this paragraph select the statement that applies.
Statement A The grounds on which the order is sought are as follows: (a) the property identified in [specify paragraph, for ex- ample, “paragraph 2(a), (b), and (e) of”] this applica- tion is tainted property; and there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the ap- plicant’s knowledge, have an interest in the proposed re- strained property (including, if applicable, the respond- ent).
Statement B The grounds on which the order is sought are as follows: (a) the respondent [full name] has unlawfully benefited from significant criminal activity; and (b) 13 2 3 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 2—continued (b) there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the ap- plicant’s knowledge, have an interest in the proposed re- strained property (including, if applicable, the respond- ent).
Statement C The grounds on which the order is sought are as follows: (a) the property identified in [specify paragraph, for ex- ample, “paragraph 2(a), (b), and (e) of”] this applica- tion is tainted property; and the respondent [full name] has unlawfully benefited from significant criminal activity; and there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the ap- plicant’s knowledge, have an interest in the proposed re- strained property (including, if applicable, the respond- ent).
(b) (c) 4 The application is made in reliance on sections 22 and [specify section 24 or 25 or both] of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision relied on].

As required by rule 19.10(1)(e) of the High Court Rules/rule 6.3.3 of the District Courts Rules 2009*, I certify that this application com- plies with the rules.

*Select one.

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
14 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 3 On notice application for restraining order relating to instrument of crime Sections 21 and 26, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent(s) and *To [full name of any other person who, to the applicant’s knowledge, has an interest in the proposed restrained property] *Omit if no respondent or, as the case may be, other person who, to the applicant’s knowledge, has an interest in the proposed restrained property.
and To the Official Assignee This document notifies you that— 1 2 3 The applicant will on [date] apply to the court for an order that the property specified in paragraph 2— (a) is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and (b) is to be in the Official Assignee’s custody and control.
The property referred to in paragraph 1 is as follows: [specify and, if there is more than 1 item of property, number (a), (b), etc, the proposed restrained property, including the full legal description where appropriate, and including the full name of every person who to the knowledge of the applicant has an interest in the particular property (including, if applicable, the respondent) and the nature and extent of that interest, if known].
The grounds on which the order is sought are as follows: Select the statement that applies.
Statement A (a) the respondent [full name] has been charged with a qualifying instrument forfeiture offence, namely, [specify and, if more than 1, number (i), (ii), etc, the qualifying instrument forfeiture offence(s)]; and 15 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 3—continued (b) the property identified in this application is an instru- ment of crime used to facilitate that/those* qualifying instrument forfeiture offence(s).

*Select one.
*Select one.

Statement B (a) the respondent will be charged within 48 hours of the order being made with a qualifying instrument forfei- ture offence, namely, [specify and, if more than 1, num- ber (i), (ii), etc, the qualifying instrument forfeiture of- fence(s)]; and the property identified in this application is an instru- ment of crime used to facilitate that/those* qualifying instrument forfeiture offence(s).

(b) *Select one.
(b) *Select one.

4 The application is made in reliance on sections 21 and 26 of the Criminal Proceeds (Recovery) Act 2009 [and specify any particular provision of any other enactment, principle of law, or judicial decision relied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
16 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 4 Without notice application for restraining order relating to instrument of crime Sections 22 and 26, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Official Assignee This document notifies you that— 1 2 3 The applicant will on [date] apply to the court for an order that the property specified in paragraph 2— (a) is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and (b) is to be in the Official Assignee’s custody and control.
The property referred to in paragraph 1 is as follows: [specify and, if there is more than 1 item of property, number (a), (b), etc, the proposed restrained property, including the full legal description where appropriate, and including the full name of every person who to the knowledge of the applicant has an interest in the particular property (including, if applicable, the respondent), and the nature and extent of that interest, if known].

For this paragraph select the statement that applies.
Statement A The grounds on which the order is sought are as follows: (a) the respondent [full name] has been charged with a qualifying instrument forfeiture offence, namely, [specify and, if more than 1, number (i), (ii), etc, the qualifying instrument forfeiture offence(s)]; and the property identified in this application is an instru- ment of crime used to facilitate that/those* qualifying instrument forfeiture offence(s); and (b) 17 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 4—continued (c) there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the ap- plicant’s knowledge, have an interest in the proposed re- strained property (including, if applicable, the respond- ent).
*Select one.
Statement B The grounds on which the order is sought are as follows: (a) the respondent [full name] will be charged within 48 hours of the order being made with a qualifying instru- ment forfeiture offence, namely, [specify and, if more than 1, number (i), (ii), etc, the qualifying instrument forfeiture offence(s)]; and the property identified in this application is an instru- ment of crime used to facilitate that/those* qualifying instrument forfeiture offence(s); and there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the ap- plicant’s knowledge, have an interest in the proposed re- strained property (including, if applicable, the respond- ent).
(b) (c) *Select one.

4 The application is made in reliance on sections 22 and 26 of the Criminal Proceeds (Recovery) Act 2009 [and specify any particular provision of any other enactment, principle of law, or judicial decision relied on].

As required by rule 19.10(1)(e) of the High Court Rules/rule 6.3.3 of the District Courts Rules 2009*, I certify that this application com- plies with the rules.

*Select one.
*Select one.

18 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 4—continued Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
19 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 5 Restraining order Sections 24 to 26, 28, 37(2)(b), and 39, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application for a restraining order made by [the Commis- sioner, the New Zealand Police, or the prosecutor’s name] on [date] was determined by the Honourable Justice/Judge* [name] on [date].

*Select one.

2 For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without notice to any or all of the persons who, to the applicant’s knowledge, have an interest in the proposed restrained property (including, if applicable, the respondent).
Statement C The determination was made with the consent of the parties.

As a result of the determination, the court made the following order: The property to which this order applies— (a) is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and 3 20 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 5—continued 4 (b) is to be in the Official Assignee’s custody and control.
The property to which this order applies is as follows: [spe- cify the restrained property, including the full legal description where appropriate].

Include this paragraph only if the restraining order is made subject to any conditions (for example, conditions of the kinds specified in section 28(1)(a) to (d) of the Act).

This restraining order is subject to the following conditions: [specify].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] Include whichever of the following notes apply.
Note(s) 1 2 As this order has been made without notice to you, it will cease to be in force on [specify the date that is the end of the period of 7 days commencing on the date on which this order is made], unless before it expires an application for another restraining order is made on notice in relation to the same property to which this order relates, in which case this order continues in force until the application on notice is finally disposed of.
At the hearing of the application on notice you or your counsel or solicitor may appear and adduce evidence in opposition to that application.

An undertaking as to costs or damages, or both, given by the applicant (whether required by a court under section 29 of the Act or not) is attached.
21 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 6 Application to have severable interest in restrained property excluded from restraining order Section 30, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and *To the respondent(s) *Omit if no respondents.
and To the Official Assignee This document notifies you that— 1 The applicant, [full name], will on [date] apply to the court for an order that the following severable interest be excluded from a restraining order that the court may make/has made*, namely, [specify the property and the severable interest in it the applicant seeks to have excluded].

*Select one.
*Select one.

2 The grounds on which the order is sought are as follows: (a) the applicant has a severable interest in property to which the application for a restraining order/the re- straining order made on [date]* relates; and *Select one.

(b) For this paragraph select the statement that applies.
Statement A (for a restraining order made or to be made under section 24 or 25 of the Act) the applicant has not unlawfully benefited from the sig- nificant criminal activity to which the application or re- straining order relates.
22 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 6—continued (c) Statement B (for a restraining order made or to be made under section 26 of the Act) the applicant was not involved in the qualifying instru- ment forfeiture offence to which the application or re- straining order relates.

Omit this paragraph if the applicant intends only to rely on either of the statements in paragraph (b).
It is in the public interest, having regard to all the cir- cumstances, for the court to exclude the applicant’s sev- erable interest from proposed restrained property or re- strained property.

3 The application is made in reliance on section 30 of the Crim- inal Proceeds (Recovery) Act 2009 [and specify any other en- actment, principle of law, or judicial decision relied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
23 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 7 Order excluding severable interest from proposed restrained property or restrained property Section 30, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application made by [full name] on [date] for an order to exclude a severable interest from proposed restrained property or restrained property was determined by the Honourable Just- ice/Judge* [name] on [date].

*Select one.

2 For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
24 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 7—continued 3 As a result of the determination, the court made the following order: The following severable interest is excluded from any restrain- ing order that the court may make in response to the applica- tion for one made on [date]/the restraining order that the court made on [date]*: [specify the property and the severable in- terest in that property that is excluded].

*Select one.
*Select one.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] 25 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 8 Application to have disposition or dealing set aside Section 32, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent(s) *Omit if no respondents.
and To the Official Assignee This document notifies you that— 1 The applicant, [the Commissioner, the New Zealand Police, or the prosecutor’s name], will on [date] apply to the court for an order— (i) setting aside the following disposition of, or dealing with, restrained property: [specify the disposition or dealing sought to be set aside, including, if known, its nature, parties, and date]; and setting that disposition or dealing aside as from [specify either the day on which the disposition or dealing took place, or the day of this order].
(ii) 2 3 The order is sought on the ground that the disposition, or deal- ing, was in contravention of a restraining order successfully applied for by the applicant.

The application is made in reliance on section 32 of the Crim- inal Proceeds (Recovery) Act 2009 [and specify any other en- actment, principle of law, or judicial decision relied on].

Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
26 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 9 Order setting aside disposition or dealing Section 32, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application for an order setting aside a disposition or dealing in respect of restrained property made by [full name] on [date] was determined by the Honourable Justice/Judge* [name] on [date].

*Select one.

2 For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
As a result of the determination, the court made under section 32 of the Criminal Proceeds (Recovery) Act 2009 the follow- ing order: The court orders that— (a) the following disposition of, or dealing with, restrained property, is set aside: [specify the disposition or dealing sought set aside, including, if known, its nature, parties, and date]; and 3 27 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 9—continued 4 (b) that disposition or dealing is set aside as from [specify either the day on which the disposition or dealing took place, or the day of this order].
Include this paragraph if the court under section 32(2)(b) of the Criminal Proceeds (Recovery) Act 2009 declares the re- spective rights of any person who acquired interests in the property on or after the day on which the disposition or deal- ing took place and before the day of the order.

The court declares that [full name of person(s)] acquired the following interests in the property on or after the day on which the disposition or dealing took place and before the day of this order: [specify].
Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] 28 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 10 Application for further order(s) associated with restraining order Section 33, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To [the Commissioner, the New Zealand Police, or the prosecutor’s name] *Omit if any of those is the applicant for further orders.
and *To [full name of every other person not already named (except the applicant for further orders) who is a party to the proceedings con- nected with the associated restraining order] *Omit if this does not apply.

and *To the Official Assignee *Omit if the Official Assignee is the applicant for further orders.

This document notifies you that— 1 2 3 The applicant, [full name], will on [date] apply to the court for the following further order(s): [specify and, if more than 1, number (a), (b), etc].
The grounds on which the further order is/orders are* sought are as follows: [specify and, if more than 1, number (a), (b), etc, the grounds on which each order is sought].

*Select one.

The application is made in reliance on section 33 of the Crim- inal Proceeds (Recovery) Act 2009 [and specify any other en- actment, principle of law, or judicial decision relied on].
29 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 10—continued Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
30 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 11 Further order(s) associated with restraining order Sections 34 to 38, Criminal Proceeds (Recovery) Act 2009 To [applicant for the further order(s)] and *To [every other party who has given an address for service and any other person affected by the order(s)] *Omit if no other parties have given an address for service and no other person is affected by the order(s).
and To the Official Assignee 1 The application for 1 or more further orders made by [full name] on [date] was determined by the Honourable Just- ice/Judge* [name] on [date].

*Select one.

2 For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

3 Statement C The determination was made with the consent of the parties.
As a result of the determination, the court made the following further order(s): [specify and, if more than 1, number (a), (b), etc, further order(s) which may, but need not, be orders of the types specified in section 35 of the Criminal Proceeds (Recov- ery) Act 2009].

31 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 11—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 32 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 12 Application to extend duration of restraining order Section 41, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Official Assignee and *To [full name of any other person who, to the applicant’s knowledge, has an interest in the proposed restrained property] *Omit if no respondent or, as the case may be, other person who, to the applicant’s knowledge, has an interest in the proposed restrained property.
This document notifies you that— 1 The applicant, [the Commissioner, the New Zealand Police, or the prosecutor’s name], will on [date] apply to the court for an order extending the duration of the restraining order for a period of [specify period of extension, not exceeding 1 year, sought].

The grounds on which the order is sought are: [specify and, if more than 1, number (a), (b), etc, the grounds on which the order is sought].
The application is made in reliance on section 41 of the Crim- inal Proceeds (Recovery) Act 2009 [and specify any other en- actment, principle of law, or judicial decision relied on].

2 3 Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
33 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 13 Order extending duration of restraining order Section 41, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and To the Official Assignee and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
The application for an order extending the duration of a re- straining order made by [the Commissioner, the New Zealand Police, or the prosecutor’s name] on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
As a result of the determination, the court made the following order: The duration of the restraining order made on [date] is ex- tended for a period of [specify] so that it now expires on [date].

Omit this paragraph if it does not apply.

The court varied the restraining order made on [date] and ex- tended by this order in the following manner: [specify how order varied].
1 2 3 4 34 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 13—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] 35 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 14 Application for assets forfeiture order Sections 43, 44, and 49, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent(s) *Omit if no respondents.
and To the Official Assignee and *To [full name of any other person who, to the Commissioner’s know- ledge, has an interest in the proposed forfeited property] *Omit if no other person who, to the Commissioner’s knowledge, has an interest in the proposed forfeited property.
This document notifies you that— 1 The Commissioner will on [date] apply to the court for an order that the property specified in paragraph 2— vests in the Crown absolutely; and (a) is to be in the Official Assignee’s custody and control.
(b) The property referred to in paragraph 1 is as follows, namely, [specify the proposed forfeited property, including the full legal description where appropriate, and including the full name(s) of the respondent(s) (if any) and of every person who, to the Commissioner’s knowledge, has an interest in the particular property and, if known, the nature and extent of that interest].
The order is sought on the grounds that the proposed for- feited property is tainted property because: [specify and, if more than 1, number (a), (b), etc, the grounds for the Com- missioner’s belief that the property is tainted property].

The application is made in reliance on sections 43, 44, and 49 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision re- lied on].
2 3 4 36 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 14—continued Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.

37 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 15 Notice of request to amend application for civil forfeiture order Section 47(1)(b), Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent(s) *Omit if no respondents.
and To [any other person on whom the application for a civil forfeiture order was served] and *To [any other person who claims an interest in the property to which that application relates or who the Commissioner has reason to be- lieve may have an interest in any additional property that would be included in the application by the amendment] *Omit if this does not apply.
and To the Official Assignee This document notifies you that— 1 The Commissioner will on [date] request that the court amend the Commissioner’s application made on [date] for a civil for- feiture order in the following manner: [specify and, if more than 1, number (a), (b), etc, the proposed amendment(s)].
The request for the amendment(s) is to be made on the follow- ing ground(s): [specify and, if more than 1, number (a), (b), etc, the ground(s), including, if relevant, how section 47(2) of the Act is to be complied with].

The amendment is to be requested in reliance on section 47 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision relied on].
2 3 38 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 15—continued Date: Signature: (solicitor for Commissioner/counsel for Commissioner/Commis- sioner*) *Select one.
39 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 16 Order to enter on register note of application for civil forfeiture order Section 48(2), Criminal Proceeds (Recovery) Act 2009 To [the authority responsible for administering the New Zealand en- actment that enables the registration of title to, or charges over, the specified property] 1 The Commissioner on [date] made an application for a civil forfeiture order against the following property: [specify].
The High Court by this order requires you to enter on the regis- ter a note of the fact that an application has been made for a civil forfeiture order against that property.

2 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 40 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 17 Order to cancel entry on register under section 48(2) of Act Section 48(3), Criminal Proceeds (Recovery) Act 2009 To [the authority responsible for administering an enactment that enables the registration of title to property or charges over property] You were required by an order of the High Court made under 1 section 48(2) of the Criminal Proceeds (Recovery) Act 2009 on [date] to enter on the register a note of the fact that an application has been made for a civil forfeiture order against the following property: [specify].
The High Court by this order requires you to cancel any entry made on the register in accordance with that order.

2 Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 41 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 18 Assets forfeiture order Sections 50 and 59(1), Criminal Proceeds (Recovery) Act 2009 To the Commissioner and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application for an assets forfeiture order made by the Commissioner on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.

Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]
Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.

As a result of the determination, the High Court made the fol- lowing order: The property to which this order applies— vests in the Crown absolutely; and (a) (b) is to be in the Official Assignee’s custody and control.
This order applies to the following property, namely, [specify the forfeited property in a comprehensive list, with description adequate to identify each asset].

2 3 42 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 18—continued 4 Include this paragraph only if the court makes any further dec- larations or directions not already set out above.
The court made the following declarations or directions: [spe- cify and, if more than 1, number (a), (b), etc, the further dec- larations or directions made in accordance with section 59(1) of the Act].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 43 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 19 Application to have property excluded from assets forfeiture order because of undue hardship Section 51, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Commissioner and *To [full name of any other respondents apart from the applicant for this order] *Omit if no other respondents.
and To the Official Assignee This document notifies you that— 1 [Full name] is a respondent in relation to an application for an assets forfeiture order, and will on [date] apply to the court for an order excluding from an assets forfeiture order that the court may make the following property: [specify].
The grounds on which the order excluding that property from the assets forfeiture order (if any) is sought are that, having re- gard to all of the circumstances, undue hardship is reasonably likely to be caused to [full name] if the property is included in the order.

The application to have property excluded from any assets for- feiture order is made in reliance on section 51 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enact- ment, principle of law, or judicial decision relied on].
2 3 Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
44 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 20 Order excluding property from assets forfeiture order because of undue hardship Section 51, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner] and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 2 3 The application made by [full name] on [date] for an order to exclude property was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.

Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]
Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.

As a result of the determination, the High Court made the fol- lowing order: The High Court excludes from any assets forfeiture order that may be made the following property: [specify].

45 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 20—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 46 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 21 Application for profit forfeiture order Sections 43, 44, and 52, Criminal Proceeds (Recovery) Act 2009 To the Registrar and *To the respondent(s) *Omit if no respondents.
and To the Official Assignee and *To [full name of any other person who, to the Commissioner’s know- ledge, has an interest in the property to which the application relates] *Omit if no other person who, to the Commissioner’s knowledge, has an interest in the property to which the application relates.
This document notifies you that— 1 The Commissioner will on [date] apply to the High Court for an order that— (a) the value of the benefit determined in accordance with section 53 of the Act is, as the case requires,— (i) [state in accordance with section 52(c) of the Act] (or, in accordance with section 53(1)(b) of the Act, another value stated in any amendment(s) to this application); or another value the respondent proves in accord- ance with section 53(2) of the Act; and (ii) (b) (c) the maximum recoverable amount is [specify amount taking into account any deduction required by sec- tion 54(1)(b) of the Act]; and the following property is to be realised: [specify the property, including full legal description where appro- priate, to be disposed of in accordance with section 83(1) of the Act, being property in which the respondent has, or is treated as having, interests, and that is not ex- cluded from forfeiture by an order under section 56 of the Act because of undue hardship].
47 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 21—continued 2 3 (b) The grounds on which the order is sought are as follows: (a) the respondent [full name] has in the relevant period of criminal activity (as defined in section 5(1) of the Act), namely, [specify], unlawfully benefited to the value of [value of benefit] from significant criminal activity, namely, [specify]; and the respondent has the following interests in property, namely, [specify and, if more than 1, number (i), (ii), etc, the respondent’s interests in property, with description adequate to identify the specific interest and property].
The application is made in reliance on sections 43, 44, and 52 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision re- lied on].

Date: Signature: (solicitor for Commissioner/counsel for Commissioner/Commis- sioner*) *Select one.
48 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 22 Profit forfeiture order Section 55, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and *To [every other party who has given an address for service and any other person affected by the order] and To the Official Assignee 1 The application for a profit forfeiture order made by the Com- missioner on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
As a result of the determination, the High Court made the fol- lowing order: (a) the value of the benefit is [value determined in accord- ance with section 53 of the Act]: the maximum recoverable amount is [amount deter- mined in accordance with section 54 of the Act]: the following property is to be realised: [specify the property, including full legal description where appro- priate, that is to be disposed of in accordance with sec- tion 83(1) being property in which the respondent has, or is treated as having, interests, and that is not ex- cluded from forfeiture by an order under section 56 of the Act because of undue hardship].
(b) (c) 49 2 3 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 22—continued 4 Include this paragraph only if the court makes any further dec- larations or directions not already set out above.

The court made the following declarations or directions: [spe- cify and, if more than 1, number (a), (b), etc, the further dec- larations or directions of the court made in accordance with section 59(1) of the Act].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 50 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 23 Application to have property excluded from profit forfeiture order because of undue hardship Section 56, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Commissioner and *To [full name of any other respondents apart from the applicant for this order] *Omit if no other respondents.
and To the Official Assignee This document notifies you that— 1 [Full name] is a respondent in relation to an application for a profit forfeiture order, and will on [date] apply to the High Court for an order excluding the following property from be- ing able to be realised under a profit forfeiture order: [specify].
The grounds on which the order excluding that property from a profit forfeiture order is sought are that, having regard to all of the circumstances, undue hardship is reasonably likely to be caused to [full name] if the property is included in the order.

The application to have property excluded from a profit for- feiture order is made in reliance on section 56 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enact- ment, principle of law, or judicial decision relied on].
2 3 Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
51 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 24 Order excluding property from profit forfeiture order because of undue hardship Section 56, Criminal Proceeds (Recovery) Act 2009 To [the Commissioner, the New Zealand Police, or the prosecutor’s name] and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application made by [full name] on [date] for an order to exclude property was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.

Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]
Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.

As a result of the determination, the High Court made the fol- lowing order: The High Court excludes the following property from being able to be realised under any profit forfeiture order that may be made: [specify].

2 3 52 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 24—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 53 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 25 Application to vary maximum recoverable amount Section 54(3), Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the respondent and To the Official Assignee This document notifies you that— 1 The Commissioner will on [date] apply to the High Court for an order varying the maximum recoverable amount under a profit forfeiture order made by the Honourable Justice [name] on [date] so that the maximum recoverable amount is [value of the benefit without deduction, which is calculated in accord- ance with section 53 of the Act].
The grounds on which the variation is sought are as follows: an assets forfeiture order, relating to the same signifi- (a) cant criminal activity to which the profit forfeiture order relates, has been discharged on appeal by the [specify] court at [place, date]: in determining the maximum recoverable amount for the relevant profit forfeiture order, a deduction was made of [value] relating to the now discharged assets forfeiture order: there is no longer a deduction to be made on account of the assets forfeiture order.
(b) (c) The application is made in reliance on section 54(3) of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision relied on].

2 3 54 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 25—continued Date: Signature: (solicitor for Commissioner/counsel for Commissioner/Commis- sioner*) *Select one.
55 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 26 Order varying maximum recoverable amount Section 54(3), Criminal Proceeds (Recovery) Act 2009 To the Commissioner and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application to vary the maximum recoverable amount made by the Commissioner on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.

Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]
Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.

As a result of the determination, the High Court made the fol- lowing order: The maximum recoverable amount is varied to be [amount determined in accordance with section 54 of the Act, taking into account that there is no longer a deduction on account of an assets forfeiture order].
2 3 56 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 26—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 57 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 27 Application to have respondent’s effective control over property treated as interest in property Section 58, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the respondent and *To [any person who claims an interest in the property] *Omit if no such persons at the time this application is made.
and *To [every other person who, to the Commissioner’s knowledge, has an interest in the property] *Omit if no such persons at the time this application is made.
and To the Official Assignee This document notifies you that— 1 The Commissioner will on [date] apply to the High Court for an order under section 58 of the Criminal Proceeds (Recovery) Act 2009 that the following property be treated as though [full name] had the following interest in it: [specify the property that the applicant seeks to have included in any profit forfei- ture order and in any restraining order because of the respond- ent’s effective control over that property, and the respondent’s interest in it].
The grounds on which the order under section 58 of the Crim- inal Proceeds (Recovery) Act 2009 is sought are as follows: (a) the High Court will be satisfied that [full name] has ef- fective control over the property; and the Court should exercise its discretion to make the order because: [specify and, if more than 1, number (i), (ii), etc, the reasons].

(b) This application is also made in reliance on [specify any other enactment, principle of law, or judicial decision relied on].
2 3 58 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 27—continued Date: Signature: (solicitor for Commissioner/counsel for Commissioner/Commis- sioner*) *Select one.
59 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 28 Order that respondent’s effective control over property be treated as interest in property Section 58, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application to treat [full name]’s effective control over property as an interest in property made by the Commissioner on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
As a result of the determination, the High Court made the fol- lowing order: The following property is property over which the Court is satisfied that [respondent’s full name] has effective control, and is to be treated as though [respondent’s full name] had the following interest in it: [specify property and interest].

2 3 60 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 28—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 61 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 29 Application for relief from civil forfeiture order Sections 61 to 64, Criminal Proceeds (Recovery) Act 2009 To the Registrar and To the Commissioner and *To the respondent *Omit if no respondent.

and *To [any other person (including any former interest holder) who claims an interest in the property] *Omit if no such persons at the time this application is made.
and To the Official Assignee This document notifies you that— 1 [Full name] (the applicant) will on [date] apply to the court for an order for relief from a civil forfeiture order that the court may make/has made*, namely,— Select the paragraph(s) that apply.

(a) This order may be sought before a civil forfeiture order has been determined and if the interest in respect of which relief is sought is severable.
that the following property or severable interest in prop- erty is not to be included in any civil forfeiture order to which this matter relates: [specify the property and in- terest in respect of which the applicant seeks relief].

This order may be sought after a civil forfeiture order has been made and if the interest in respect of which relief is sought is severable.
that the Official Assignee transfer to the applicant the following property or severable interest in property: [specify the property and interest in respect of which the applicant seeks relief].

(b) 62 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 29—continued (c) This order may be sought if the interest in respect of which relief is sought is not severable.

that the Crown is to pay the applicant [value of the in- terest in respect of which relief is sought].

*Select one.
*Select one.

2 The grounds on which the order for relief is sought are as fol- lows: Select the paragraph(s) that apply.
(a) in accordance with section 67 of the Criminal Proceeds (Recovery) Act 2009, the applicant— (i) has an interest in the following property to which the application for a civil forfeiture order relates, namely, [specify the property and the applicant’s interest in it in respect of which relief is sought, including whether the interest is severable and, if it is not severable, its value]; and has not unlawfully benefited from the significant criminal activity to which the application for a civil forfeiture order relates: (ii) (b) (c) in accordance with section 68 of the Criminal Proceeds (Recovery) Act 2009, having regard to all of the cir- cumstances, undue hardship is reasonably likely to be caused to the applicant if relief is not granted: even though the applicant who seeks relief appeared at the hearing of the application or amended application for the civil forfeiture order or was served with that application, special reasons exist that enable the Court to grant relief in accordance with section 62(3) of the Criminal Proceeds (Recovery) Act 2009.
3 The application is made in reliance on sections 61 to 64 of the Criminal Proceeds (Recovery) Act 2009 [and specify any other enactment, principle of law, or judicial decision relied on].

63 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 29—continued Date: Signature: (solicitor for applicant/counsel for applicant/applicant*) *Select one.
64 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 30 Order for relief from civil forfeiture order Sections 66 to 69, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and *To [every other party who has given an address for service and any other person affected by the order] *Omit if no other parties have given an address for service and no other person is affected by the order.
and To the Official Assignee 1 The application for an order for relief from a civil forfeiture order made by [full name] on [date] was determined by the Honourable Justice [name] on [date].

For this paragraph select the statement that applies.
Statement A The determination was made following a hearing held on [date(s)] at which the following people appeared: [List names of counsel or solicitors who represented the respective parties at the hearing and state whether any party appeared in person at the hearing.]

Statement B The determination was made without a hearing.

Statement C The determination was made with the consent of the parties.
As a result of the determination, the High Court made the fol- lowing order: Select the paragraph(s) that apply.

(a) that the following property or severable interest in prop- erty is not to be included in any civil forfeiture order to which this matter relates: [specify the property or inter- est]: that the Official Assignee transfer the following prop- erty or severable interest in property to the applicant: [specify the property or interest]: that the Crown is to pay the applicant [value of interest].
(b) (c) 65 2 3 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 30—continued Date: Signature: (Registrar/Deputy Registrar*) *Select one.
Sealed: [date] 66 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 31 Warrant authorising officer of court to search for and seize document(s) to effect transfer of property Section 59(2) and (3), Criminal Proceeds (Recovery) Act 2009 To [full name] (an officer of the court directed by the court) 1 I am satisfied, on an application in writing made on oath under section 71(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 by [full name of applicant for warrant], an officer of the court, that there are reasonable grounds for believing that there is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, the following document(s) required to effect the transfer of property subject to a civil forfeiture order: [specify].
*Select one or include both if appropriate.
2 This warrant authorises you— (a) to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, any information recorded or stored in any document that may be seized under the warrant: (b) (c) (d) (e) (f) (g) 67 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 31—continued (h) to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued (and the powers conferred on a per- son executing this warrant by section 118(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 are) subject to the fol- lowing condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Criminal Proceeds (Re- covery) Act 2009 (as applied by section 59(3) of that Act)].

3 4 Date: Signature: (District/High* Court Judge) *Select one.
68 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 32 Application for warrant authorising constables to search for and seize evidence and property Section 101, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 2 I, [full name of deponent], a constable, by this document apply to the court on oath under section 101 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant to be issued author- ising every constable to enter and search [address or other de- scription of the place or thing], and any item or items found in [address or other description of the place or thing], at any time that is reasonable in the circumstances.
The grounds on which the warrant is sought are as follows: Select the paragraph(s) that apply.

(a) there are reasonable grounds for believing that evidence as to the nature and extent of any person’s interest in or control over property that is an instrument of crime, namely, [describe, being as specific as possible] is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force: *Select one.
(b) there are reasonable grounds for believing that an in- strument of crime, namely, [describe, being as specific as possible] is in or on/will come into or onto* [address or other description of the place or thing] while the war- rant is in force: *Select one.

(c) For this paragraph select the statement that applies.

Statement A an information has been laid charging [full name of per- son charged] in respect of the following qualifying in- strument offence(s): [specify].
Statement B an information will be laid within 48 hours of the issue of this warrant charging [full name of person charged] 69 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 32—continued in respect of the following qualifying instrument of- fence(s): [specify].

Omit this paragraph if it does not apply.


Within the previous 3 months of this application, in respect of [address or other description of the place or thing to be searched], the following other application(s) for a search war- rant has/have* been made: [specify the details of any relevant other application(s) for a search warrant, including the result of that application or those applications].

*Select one.
*Select one.

The power to enter and search pursuant to the search warrant is sought to be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue.

The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the warrant may be issued].
3 4 5 Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
70 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 33 Warrant authorising constables to search for and seize evidence and property Section 101, Criminal Proceeds (Recovery) Act 2009 To every constable 1 I am satisfied, on an application in writing made on oath under section 101 of the Criminal Proceeds (Recovery) Act 2009 by [full name of applicant for warrant], a constable, that there are reasonable grounds for believing that there is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, the following: Select the paragraph(s) that apply.
(a) evidence as to the nature and extent of any person’s interest in or control over property, namely, [describe as specifically as possible]: an instrument of crime, namely, [describe as specific- ally as possible].

(b) *Select one or include both if appropriate.
2 This warrant authorises you— (a) to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, (b) (c) (d) (e) (f) (g) 71 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 33—continued (h) any information recorded or stored in any document that may be seized under the warrant: to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued (and the powers conferred on a per- son executing this warrant by section 118(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 are) subject to the fol- lowing condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Act].

3 4 Date: Signature: (District/High* Court Judge) *Select one.
72 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 34 Application for warrant authorising Commissioner and constables to search for and seize evidence and property Section 102, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 2 I, [full name of deponent], am a constable to whom the Com- missioner’s function of applying for a warrant under section 102 of the Criminal Proceeds (Recovery) Act 2009 has been delegated under section 96 of that Act and section 17 of the Policing Act 2008, and by this document apply on oath to the court under section 102 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant to be issued authorising the Commissioner and every constable to enter and search [ad- dress or other description of the place or thing], and any item or items found in [address or other description of the place or thing], at any time that is reasonable in the circumstances.
The grounds on which the warrant is sought are that there are reasonable grounds for believing that— Select the paragraph(s) that apply.

(a) tainted property is in or on/will come into or onto* [ad- dress or other description of the place or thing] while the warrant is in force, namely, [describe as specifically as possible]: *Select one.
(b) (c) evidence establishing the nature and extent of any per- son’s interest in or control over property that is tainted property is in or on/will come into or onto* [address or other description of the place or thing] while the war- rant is in force, namely, [describe as specifically as pos- sible]: *Select one.
evidence establishing the nature and extent of the inter- est in or control over property of any person who has unlawfully benefited from significant criminal activity is in or on/will come into or onto* [address or other de- 73 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 34—continued scription of the place or thing] while the warrant is in force, namely, [describe as specifically as possible]: *Select one.
(d) property that is the subject of a restraining order (other than a restraining order obtained on the application of a prosecutor) is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, namely, [describe as specifically as possible].

*Select one.

Omit this paragraph if it does not apply.


Within the previous 3 months of this application, in respect of [address or other description of the place or thing to be searched], the following other application(s) for a search war- rant has/have* been made: [specify the details of any relevant other application(s) for a search warrant, including the result of that application or those applications].

*Select one.
*Select one.

The power to enter and search pursuant to the search warrant is sought to be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue.

The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the warrant may be issued].
3 4 5 Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
74 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 35 Warrant authorising Commissioner and constables to search for and seize evidence and property Section 102, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and every constable 1 I am satisfied, on an application in writing made on oath under section 102 of the Criminal Proceeds (Recovery) Act 2009 by [full name of applicant for warrant], a constable, that there are reasonable grounds for believing that there is in or on/will come into or onto* [address or other description of the place or thing], while the warrant is in force, the following: *Select one or include both if appropriate.
Select the paragraph(s) that apply.
(a) tainted property, namely, [describe as specifically as possible]: evidence establishing the nature and extent of any per- son’s interest in or control over property that is tainted property, namely, [describe as specifically as possible]: evidence establishing the nature and extent of the inter- est in or control over property of any person who has unlawfully benefited from significant criminal activity, namely, [describe as specifically as possible]: property that is the subject of a restraining order (other than a restraining order obtained on the application of a prosecutor), namely, [describe as specifically as pos- sible].
to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of executing the warrant: to seize any thing authorised by the warrant: (b) (c) (d) (b) (c) (d) 2 This warrant authorises you— (a) 75 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 35—continued (e) (f) (g) (h) to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, any information recorded or stored in any document that may be seized under the warrant: to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
3 4 The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued (and the powers conferred on a per- son executing this warrant by section 118(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 are) subject to the fol- lowing condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Act].

Date: Signature: (District/High* Court Judge) *Select one.
76 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 36 Application for warrant authorising Commissioner and constables to search for and seize evidence and property for non-compliance with production order or examination order Section 108, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 2 I, [full name of deponent], am a constable to whom the Com- missioner’s function of applying for a warrant under section 108 of the Criminal Proceeds (Recovery) Act 2009 has been delegated under section 96 of that Act and section 17 of the Policing Act 2008, and by this document apply on oath to the court under section 108 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant to be issued authorising the Commissioner and every constable to enter and search [ad- dress or other description of the place or thing], and any item or items found in [address or other description of the place or thing], at any time that is reasonable in the circumstances.
The grounds on which the warrant is sought are that there are reasonable grounds for believing that— Select the paragraph(s) that apply.
(a) [full name] has failed to produce all of the documents specified in a production order made under section 105/an examination order made under section 107* of the Criminal Proceeds (Recovery) Act 2009, namely, [describe the document(s) specified and not produced and, if both a production order and an examination order, specify which order(s) in relation to each docu- ment], and that that document is/those documents are† in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force: (b) *Select one or include both if appropriate.
†Select one.
information supplied under section 107 of the Crim- inal Proceeds (Recovery) Act 2009 by [full name] is intentionally false or misleading in a material particu- 77 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 (c) (d) Form 36—continued lar, namely, [describe the information and how it is in- tentionally false or misleading in a material particu- lar], and that that information is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force: *Select one.
[full name] has failed to comply with an obligation im- posed under section 107 of the Criminal Proceeds (Re- covery) Act 2009, namely, [describe the obligation re- ferred to], and that any document or information re- quired to be produced or supplied under section 107 of that Act is in or on/will come into or onto* [address or other description of the place or thing] while the war- rant is in force, namely, [describe the document(s) or information].

*Select one.
*Select one.

service of a production order under section 105/an examination order made under section 107* of the Criminal Proceeds (Recovery) Act 2009 might ser- iously prejudice the investigation and that any docu- ment or information that could have been sought under section 105/section 107* of that Act is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, namely, [describe the document(s) or information].
*Select one or include both if appropriate.

Omit this paragraph if it does not apply.

Within the previous 3 months of this application, in respect of [address or other description of the place or thing to be searched], the following other application(s) for a search war- rant has/have* been made: [specify the details of any relevant other application(s) for a search warrant, including the result of that application or those applications].

*Select one.
*Select one.

3 78 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 36—continued 4 5 The power to enter and search pursuant to the search warrant is sought to be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue.
The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the warrant may be issued].

Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
79 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 37 Warrant authorising Commissioner and constables to search for and seize evidence and property for non-compliance with production order or examination order Section 108, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and every constable 1 I am satisfied, on an application in writing made on oath under section 108 of the Criminal Proceeds (Recovery) Act 2009 by [full name of applicant for warrant], a constable, that there are reasonable grounds for believing that— Select the paragraph(s) that apply.
(a) [full name] has failed to produce all of the documents specified in a production order made under section 105/an examination order made under section 107* of the Criminal Proceeds (Recovery) Act 2009, namely, [describe the document(s) specified and not produced and, if both a production order and an examination order, specify which order(s) in relation to each docu- ment], and that that document is/those documents are† in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force: *Select one or include both if appropriate.
†Select one.

(b) information supplied under section 107 of the Crim- inal Proceeds (Recovery) Act 2009 by [full name] is intentionally false or misleading in a material particu- lar, namely, [describe the information and how it is in- tentionally false or misleading in a material particu- lar], and that information is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force: *Select one.
(c) [full name] has failed to comply with an obligation im- posed under section 107 of the Criminal Proceeds (Re- covery) Act 2009, namely, [describe the obligation], 80 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule (d) Form 37—continued and that any document or information required to be produced or supplied under section 107 of that Act is in or on/will come into or onto* [address or other descrip- tion of the place or thing] while the warrant is in force, namely, [describe the document(s) or information]: *Select one.
service of a production order under section 105/an examination order made under section 107* of the Criminal Proceeds (Recovery) Act 2009 might ser- iously prejudice the investigation and that any docu- ment or information that could have been sought under section 105/section 107* of that Act is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, namely, [describe the document(s) or information].

*Select one or include both if appropriate.
2 This warrant authorises you— (a) to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, (b) (c) (d) (e) (f) (g) 81 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 37—continued (h) any information recorded or stored in any document that may be seized under the warrant: to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued (and the powers conferred on a per- son executing this warrant by section 118(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 are) subject to the fol- lowing condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Act].

3 4 Date: Signature: (District/High* Court Judge) *Select one.
82 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 38 Application for warrant authorising Official Assignee and his or her delegates to search for and seize evidence and property Section 110, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 2 The Official Assignee by this document applies on oath to the court under section 110 of the Criminal Proceeds (Recovery) Act 2009 for a search warrant to be issued under that section authorising the Official Assignee and every delegate of the Of- ficial Assignee to enter and search [address or other descrip- tion of the place or thing], and any item or items found in [ad- dress or other description of the place or thing], at any time that is reasonable in the circumstances.
The grounds on which the warrant is sought are that there are reasonable grounds for believing that— Select the paragraph(s) that apply.

(a) proposed restrained property that is the subject of an application for a restraining order is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, namely, [describe as specifically as possible]: *Select one.
(b) (c) property that is the subject of a restraining order is in or on/will come into or onto* [address or other descrip- tion of the place or thing] while the warrant is in force, namely, [describe as specifically as possible]: *Select one.

property that is the subject of a forfeiture order is in or on/will come into or onto* [address or other descrip- tion of the place or thing] while the warrant is in force, namely, [describe the forfeited property referred to, be as specific as possible].
*Select one.

83 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 38—continued 3 4 5 Omit this paragraph if it does not apply.

Within the previous 3 months of this application, in respect of [address or other description of the place or thing to be searched], the following other application(s) for a search war- rant has/have* been made: [specify the details of any relevant other application(s) for a search warrant, including the result of that application or those applications].
*Select one.

The power to enter and search pursuant to the search warrant is sought to be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue.

The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the warrant may be issued].
Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
84 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 39 Warrant authorising Official Assignee and his or her delegates to search for and seize evidence and property Section 110, Criminal Proceeds (Recovery) Act 2009 To the Official Assignee and every delegate of the Official Assignee I am satisfied, on an application in writing made on oath under 1 section 110 of the Criminal Proceeds (Recovery) Act 2009 by the Official Assignee, that there are reasonable grounds for believing that there is in or on/will come into or onto* [address or other description of the place or thing] while the warrant is in force, the following: *Select one or include both if appropriate.
Select the paragraph(s) that apply.

(a) proposed restrained property that is the subject of an application for a restraining order, namely, [describe as specifically as possible]: *Select one.

(b) (c) property that namely, [describe as specifically as possible]: is the subject of a restraining order, *Select one.

property that is the subject of a forfeiture order, namely, [describe as specifically as possible].

*Select one.
2 This warrant authorises you— (a) to enter and search the place or thing specified in the warrant, and any item or items found in that place or thing, at any time that is reasonable in the circum- stances: to request any person to assist in the execution of the warrant: to use any force that is reasonable for the purposes of executing the warrant: to seize any thing authorised by the warrant: to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or (b) (c) (d) (e) 85 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 39—continued (f) (g) (h) thing to operate the equipment that is reasonable to use in the circumstances, for the purposes of executing the warrant: to copy any document, or part of a document, that may be seized under the warrant: to require any person to reproduce, or to assist the per- son executing the warrant to reproduce, in usable form, any information recorded or stored in any document that may be seized under the warrant: to take photographs or video recordings of the place or thing searched, and of any thing found in that place, if the person executing the warrant has reason- able grounds to believe that the photographs or video recordings may be relevant in any proceedings arising from the execution of the warrant.
3 4 The power to enter and search pursuant to this warrant may be exercised [specify the number of times that, or the period over which, the warrant may be executed] within [specify a period not exceeding 14 days] from the date of issue of this warrant.

Omit this paragraph if it does not apply.


This warrant is issued (and the powers conferred on a per- son executing this warrant by section 118(2) and (3) of the Criminal Proceeds (Recovery) Act 2009 are) subject to the fol- lowing condition(s): [specify any conditions specified by the Judge under section 116(3)(b) of the Act].

*Select one.

Date: Signature: (District/High* Court Judge) *Select one.
86 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 40 Application for production order Section 104, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 2 3 4 I, [full name of deponent], am a constable to whom the Commissioner’s function of applying under section 104 of the Criminal Proceeds (Recovery) Act 2009 for a production order has been delegated under section 96 of that Act and section 17 of the Policing Act 2008, and by this document apply on oath to the court for a production order under section 105 of the Criminal Proceeds (Recovery) Act 2009 that [full name] be required to produce to the Commissioner or to any constable the following document that is/documents that are* in that person’s possession or control while the order is in force, namely, [specify and, if more than 1, number (a), (b), etc, the document(s) sought to be produced, including a description of, or of the type of, property or other thing to which the document(s) are believed to relate].
*Select one.

The grounds on which the order is sought are that the Commis- sioner has reason to believe that [full name] has possession or control of a document that is/documents that are* relevant to an investigation by the Commissioner under the Criminal Pro- ceeds (Recovery) Act 2009 or to any proceedings under that Act.

*Select one.

The production order is sought to be in force for the period of [specify a period not exceeding 30 days] after the date on which the order is made.
The application is made in reliance on section 104 of the Crim- inal Proceeds (Recovery) Act 2009 [specify any other particu- lar provision of an enactment, principle of law, or judicial de- cision relied on].

87 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 40—continued 5 The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the order may be issued].
Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
88 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 41 Production order Section 105, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and To [full name of person from whom production is sought] 1 The application for a production order made by [applicant], acting with delegation on behalf of the Commissioner, on [date] was determined by the Honourable Justice/Judge* [name] on [date].

*Select one.
*Select one.

2 3 4 The Judge was satisfied that the Commissioner has reasonable grounds for applying for the order because the Commissioner has reason to believe that you, [full name], have possession or control of a document that is/documents that are* relevant to an investigation by the Commissioner under the Criminal Proceeds (Recovery) Act 2009 or to any proceedings under that Act.

*Select one.

Omit this paragraph if it does not apply.


[Full name] is required by this order to produce to the Com- missioner or to any constable, the following document that is/documents that are* in his/her* possession or control while the order is in force, namely, [specify the document or docu- ments sought to be produced, including a description of the property or other thing to which the document or documents are believed to relate].

*Select one.

Omit this paragraph if it does not apply.


[Full name] is required by this order to make available to the Commissioner or to any constable, for inspection, the follow- ing document that is/documents that are* in [full name]’s pos- session or control while the order is in force, namely, [specify].

*Select one.
*Select one.

89 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 41—continued 5 This production order, made under section 105 of the Criminal Proceeds (Recovery) Act 2009, is in force for [specify a period not exceeding 30 days after the date on which this order is made].

Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] Note Non-compliance with this production order may result in a search warrant being issued.
90 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 42 Application for examination order Section 106, Criminal Proceeds (Recovery) Act 2009 To a District/High* Court Judge *Select one.
1 I, [full name of deponent], am a constable to whom the Com- missioner’s function of applying under section 106 of the Criminal Proceeds (Recovery) Act 2009 for an examination order has been delegated under section 96 of that Act and section 17 of the Policing Act 2008, and by this document apply on oath to the court for an examination order under sec- tion 107 of the Criminal Proceeds (Recovery) Act 2009 that [full name] be required to attend before the Commissioner at [time] on [specify a date that allows the person a reasonable opportunity to arrange a lawyer to accompany him or her] at [place]— Select the paragraph(s) that apply.
(a) (b) (c) to answer questions with respect to [specify the mat- ter(s) that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Act]: to supply any information with respect to [specify the matter(s) that the Commissioner has reason to believe may be relevant to the investigation or to any proceed- ings under the Act]: to produce for inspection the following document/docu- ments*: [specify the document(s), including a descrip- tion of, or of the type of, property or other thing to which the document(s) are believed to relate, that the Com- missioner has reason to believe may be relevant to the investigation or to any proceedings under the Act].
*Select one.

91 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 42—continued 2 3 4 The grounds on which the order is sought are that the Com- missioner has reason to believe that [full name] is able— Select the paragraph(s) that apply.
(a) to answer questions with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Crim- inal Proceeds (Recovery) Act 2009: to supply any information with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Criminal Proceeds (Recovery) Act 2009: to produce for inspection any documents that the Com- missioner has reason to believe are in that person’s pos- session or control or may be relevant to the investiga- tion or to any proceedings under the Criminal Proceeds (Recovery) Act 2009.
(b) (c) The application is made in reliance on section 106 of the Crim- inal Proceeds (Recovery) Act 2009 [and specify any other en- actment, principle of law, or judicial decision relied on].

The evidence relied on for the purpose of this application is as follows: [specify all matters relevant to this application or to any thing that must be established before the order may be issued].
Sworn/Affirmed* at [place, date] Before me: [full name, signature] (a solicitor of the High Court of New Zealand or Registrar/Deputy Registrar* of a District/the High* Court or Justice of the Peace) *Select one.
92 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Schedule Form 43 Examination order Section 107, Criminal Proceeds (Recovery) Act 2009 To the Commissioner and To [full name of person from whom production is sought] 1 The application for an examination order made by [applicant], acting with delegation on behalf of the Commissioner, on [date], was determined by the Honourable Justice/Judge* [name] on [date].

*Select one.
*Select one.

2 3 The Judge was satisfied that the Commissioner has reasonable grounds to apply for an examination order because the Com- missioner has reason to believe that [full name] is able— Select the paragraph(s) that apply.
(a) to answer questions with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Crim- inal Proceeds (Recovery) Act 2009: to supply any information with respect to any matter that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Criminal Proceeds (Recovery) Act 2009: to produce for inspection any documents that the Com- missioner has reason to believe are in that person’s pos- session or control or may be relevant to the investiga- tion or to any proceedings under the Criminal Proceeds (Recovery) Act 2009.
(b) (c) [Full name] is required by this order to attend before the Com- missioner at [time] on [specify a date that allows the person a reasonable opportunity to arrange a lawyer to accompany him or her] at [place]— Select the paragraph(s) that apply.
(a) to answer questions with respect to [specify the mat- ter(s) that the Commissioner has reason to believe may be relevant to the investigation or to any proceedings under the Act]: 93 Schedule Criminal Proceeds (Recovery) Regulations 2009 2009/311 Form 43—continued (b) (c) to supply any information with respect to [specify the matter(s) that the Commissioner has reason to believe may be relevant to the investigation or to any proceed- ings under the Act]: to produce for inspection the following document/docu- ments*: [specify the document(s), including a descrip- tion of, or of the type of, property or other thing to which the document(s) are believed to relate, that the Com- missioner has reason to believe may be relevant to the investigation or to any proceedings under the Act].
*Select one.

4 This examination order is made under section 107 of the Crim- inal Proceeds (Recovery) Act 2009.

Date: Signature: (Registrar/Deputy Registrar*) *Select one.

Sealed: [date] Any person who is required by this examination order to attend before the Commissioner must, before being required to com- ply with any requirements imposed by this examination order, be given a reasonable opportunity to arrange for a lawyer to accompany him or her.
Non-compliance with this examination order may result in a search warrant being issued.

Rebecca Kitteridge, Clerk of the Executive Council.

Note 1 2 94 2009/311 Criminal Proceeds (Recovery) Regulations 2009 Explanatory note Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations provide for various matters under the Criminal Proceeds (Recovery) Act 2009 (the Act).
They prescribe forms for the purposes of the Act, provide for courts to dispense with service of documents to be served under the Act, and prescribe or provide for the costs that the Official Assignee may recover in respect of the exercise or performance of functions and powers under the Act.
Applications under the Act to a District Court or, as the case may be, to the High Court are to be filed as originating applications under Part 6 of the District Courts Rules 2009 or, as the case may be, Part 19 of the High Court Rules.
Forms that these regulations prescribe are therefore to be used with general forms in those rules for originating applications, for example,— • the memorandum relating to filing and address for service (see District Courts Rule 6.3.1, High Court Rule 19.8, and High Court Rules form G 10): the general heading for documents filed in a proceeding (see District Courts Rule 6.3.2, High Court Rule 19.9, District Courts Rules form 1, and High Court Rules form G 1): the notice of opposition to an application (see District Courts Rule 6.3.3, High Court Rule 19.10(1)(f) (applying High Court Rule 7.24), and High Court Rules form G 33).
• • Applications under the Act to a District Court or, as the case may be, to the High Court must also comply with other requirements, in those rules of court, for originating applications, for example,— • the requirement that any affidavit in support of the application must be filed at the same time as the application (see District Courts Rule 6.3.3 and High Court Rule 19.10(1)(b) (applying High Court Rule 7.20)): the requirements for affidavits in reply (see District Courts Rule 6.3.3 and High Court Rule 19.10(1)(h) (applying High Court Rule 7.26)).
• These regulations, and the Act, come into force on 1 December 2009.

95 Criminal Proceeds (Recovery) Regulations 2009 2009/311 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 22 October 2009.

These regulations are administered by the Ministry of Justice.

12 96 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009