Forfeited assets managed by the Ministry of Business, Innovation and Employment.
Cherie Kara made this Official Information request to Ministry of Business, Innovation & Employment
The request was successful.
From: Cherie Kara
Dear Ministry of Business, Innovation & Employment,
CC National Manager Financial Crime Group, New Zealand Police
On 1 December 2017, the Criminal Proceeds (Recovery) Act 2009 will have been in force for 8 years. The dividing line from its predecessor, the Proceeds of Crime Act 1991, is that a conviction is no longer required for forfeiture.
Forfeiture orders are made through the High Court and the forfeited assets are managed by the Ministry of Business, Innovation and Employment. When money is recovered, either through cash or the sale of recovered assets, it goes into the “hypothecated fund” where it is redistributed to institutions that target the drivers of drug and organised crime.
According to the Asset Recovery Unit applications can be made for the money by several government agencies and are approved by the Cabinet.
I would like to request some information about the use of the the Criminal Proceeds (Recovery) Act 2009 and the redistribution through the "hypothecated fund" in the eight years since it came into effect.
1. For each of the years 2009-2017, the number of restraint and forfeiture orders that were successful.
2. For each of the years 2009-2017, the money value of restraint and forfeiture orders that were successful.
3. For each of the years 2009-2017, the money value of restraint and forfeiture orders that were re-distributed through the "hypothecated fund” to institutions that target the drivers of drug and organised crime.
4. For each of the years 2009-2017, specifically which government agencies / institutions that target the drivers of drug and organised crime were successful in their application for this "hypothecated fund” and approved by Cabinet
I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Cherie Kara
From: Guy Sayers
Dear Ms Kara,
My letter attached transferring part of your request for information to
Ministry of Health.
regards
Guy Sayers
Manager, Criminal Proceeds Management Unit
Criminal Proceeds, Integrity and Enforcement/ Business Integrity Services,
Ministry of Business, Innovation & Employment
[1][email address] | Telephone: +64 (6) 9747583
Private Bag 6001, Napier, 4142
[2]www.govt.nz - your guide to finding and using New Zealand government
services
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References
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1. mailto:[email address]
2. http://www.govt.nz/
Ministry of Business, Innovation & Employment
Dear Cherie Kara
Part of your request to the Ministry of Business, Innovation and
Employment (MBIE) for official information has been transferred to the
Ministry of Health. The partial transfer was received by the Ministry of
Health on 20 July 2017. The Ministry's reference number for your request
is: H20170 2923
The part of your request transferred to the Ministry of Health was:
I would like to request some information about the use of the the Criminal
Proceeds (Recovery) Act 2009 and the redistribution through the
"hypothecated fund" in the eight years since it came into effect.
......
3. For each of the years 2009-2017, the money value of restraint and
forfeiture orders that were re-distributed through the "hypothecated fund”
to institutions that target the drivers of drug and organised crime.
4. For each of the years 2009-2017, specifically which government agencies
/ institutions that target the drivers of drug and organised crime were
successful in their application for this "hypothecated fund” and approved
by Cabinet
Your request has been received and logged. You can expect a reply for
this part of your request no later than 17 August 2017 as required under
the Official Information Act 1982.
Please note that a working day is defined in the Act as ‘any day of the
week other than a Saturday, Sunday, Good Friday, Easter Monday, Anzac Day,
Labour Day, the Sovereigns birthday, Waitangi Day and a day in the period
commencing 25 December in any year and ending 15 January in the following
year.
If a large amount of information has been requested or if the Ministry
needs to consult in order to make a decision, we may need to extend this
date (this is provided for in section 15A of the Act). We will advise you
if such an extension is necessary.
Yours sincerely,
Greg Smith l OIA Support
[email address]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1]http://www.health.govt.nz
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1. http://www.health.govt.nz/
Ministry of Business, Innovation & Employment
Please see attached the Ministry of Health response to your OIA request.
Regards
Julie Hooper
Julie Hooper
Executive Assistant
Ministry of Health, Strategy and Policy
Located at: Level 3 South, Blue, 133 Molesworth Street, Wellington View
Address
Ph: 04 496 2135, Ext: 2135
Fax: 04 496 2050
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From: *OIA
Ministry of Business, Innovation & Employment
Dear Ms Kara
Please find attached the response to your recent OIA request.
Kind regards
Ministerial Adviser
Engagement, Communications and Ministerial Services
Corporate, Governance and Information
W: www.mbie.govt.nz
www.govt.nz <http://www.govt.nz/> - your guide to finding and using New Zealand government services
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