Since coming into force on 1 December 2009, the Criminal Proceeds (Recovery) Act 2009 (‘the Act’) has been a source of some controversy amongst practitioners due to the draconian remedies provided to the Commissioner of Police and the reverse onus placed on a respondent who is said to have profited as a result of criminal offending while at the same time depriving them of the resources to do so effectively.
The Act is frequently engaged where defendants in criminal cases or other associated persons are alleged to have acquired assets or derived profit directly or indirectly from significant criminal activity. A wide range of orders is available to restrain and/or forfeit a defendant's financial assets or money, whether they are derived directly from crime or not.
The purpose of this On Demand webinar is to provide practitioners with an overview of the Act and a comprehensive understanding of how it is used in practice. This webinar will:
- provide an overview of the Act’s operation, including a list of the types of orders available and key sections or terms that all practitioners need to be familiar with;
- identify and discuss recent legislative changes;
- explain how the Act has been used in practice with reference to recent examples of cases under the Act and other leading authorities;
- discuss the Court’s approach to key issues such as jurisdiction, admissibility of evidence, costs, granting relief to innocent parties and undertakings;
- provide a critical reflection on the consequences of this legislation and the ways in which it could be improved; and
- provide feedback from the Court, the Commissioner and the defence identifying issues and/or recommendations for more effective use of the Act and/or its remedies (including successful defences).
Who should view?
Particularly those practising in Criminal law with some trial experience, and practitioners of all backgrounds should be aware of how this legislation may affect their clients and/or their family’s financial assets.
On Demand feedback received
“On Demand recorded webinars are the way of the future”.
“I love the convenience of being able to stay at my desk and learn!”.
“Love On Demand with the interactive CPD component. Very user friendly and I am able to do outside of normal office hours and at home”.
Access details will be delivered via email within 15 minutes.
Barrister, 22 Lorne Chambers
Ron is a senior Auckland barrister involved in all areas of criminal practice in all courts within New Zealand. Before moving to the bar in 2000, Ron had worked in law firms in Invercargill and Auckland, mainly as a Crown prosecutor at Preston Russell and later as a Senior Crown Prosecutor at Meredith Connell. Ron remains as a Prosecution Panel Member.
Ron has always had a passion for criminal law work, which involves day-to-day contact with individuals and helping them with their legal challenges in all courts. He has both private and legal aid clients, but is primarily briefed for serious violence and drug offending, including related civil proceeds matters. Ron also undertakes a wide variety of pro bono work for charities, social and environmental organisations or for those who cannot afford representation where there are important Bill of Rights issues.
In 2009 he was awarded the Blue Star Print New Zealand Barrister of the Year Award.
Well-respected in the profession, Ron employs two junior barristers and is also a mentor to law students who he employs as researchers.