Criminal Asset Recovery
Protecting Your Property Rights
In New Zealand, the Commissioner of Police has wide powers under the Criminal Proceeds (Recovery) Act 2009 to restrain and permanently forfeit property suspected of being linked to serious criminal activity. This can happen even if no criminal conviction has been obtained.
Property such as homes, vehicles, bank accounts, and business assets can be frozen (restrained) and later taken by the Crown (forfeited) through court proceedings.
You don’t have to commit an offence to be affected.
Many people are surprised to learn that these proceedings often affect innocent individuals and businesses.
You may be impacted if you:
- Co-own property with someone under investigation.
- Have a financial interest (e.g. mortgage, loan, or security interest).
- Are a family member or business partner connected to the property.
- Hold assets on behalf of someone else.
In short, even without any involvement in wrongdoing, your property rights can be at risk.
Your right to apply for relief
The law recognises that innocent parties should not unfairly lose their property.
If you have a legal interest in restrained property, you may be able to apply to the High Court for relief, including:
- Excluding your interest from forfeiture.
- Recovering your share of the property.
- Receiving compensation or other appropriate orders.
How we can help
One of our areas of specialty is representing individuals and entities affected by criminal asset recovery or forfeiture proceedings. We can:
- Assess your legal position quickly and clearly.
- Advise whether you qualify as an “innocent owner” or interested party.
- Prepare and file applications for relief.
- Represent you in High Court proceedings.
- Work to protect or recover your assets.
These cases move quickly, and strict timeframes may apply. Early legal advice can make a significant difference to the outcome.
