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Doorman v Commissioner of New Zealand Police - [2014] 2 NZLR 173

$30.00

Court of Appeal Wellington
CA63/2012; [2013] NZCA 476
25 July; 16 October 2013
Ellen France, Ronald Young and Cooper JJ
Criminal law — Forfeiture — Asset forfeiture order — “Tainted property” — Family home — Original equity in property acquired from untainted funds — Whether contributions to mortgage repayments derived from proceeds of crime meant property tainted — Definitions of “property” and “interest” — Whether equitable interest in family home interest in tainted property — Criminal Proceeds (Recovery) Act 2009, s 5(1).
Criminal law — Forfeiture — Profit forfeiture order — Order in respect of unexplained income — Whether order must relate to identifiable property — Whether power to make such an order where only property identified was house already subject to asset forfeiture order — Criminal Proceeds (Recovery) Act 2009, ss 4(1), 52 and 55.

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