Excluding Maori land from the definition of "property"

The Bill defines the term "property", as amended by the Select Committee, as " ... real or personal property of any kind ... whether situated in New Zealand or a foreign country ... and ... whether tangible or intangible ... and .. whether movable or immovable ... and ... includes an interest in real or personal property".

SOP No 5 proposes the exclusion from this definition of "property" of:

• Maori customary land and Maori freehold land;
• land that has ceased to be Maori land and land acquired from Maori for public works under Section 129(3) of Te Ture Whenua Maori Act 1993;
• Crown land set aside or reserved for use or benefit by Maori where the Court determines the persons beneficially entitled to the land or an entity to hold the land in trust for the benefit of Maori under Sections 129(3) and 134 of Te Ture Whenua Maori Act 1993; and
• land vested as a consequence of settlement legislation in Maori or any entit charged with holding such land for the benefit of Maori (Part 1, Clause 5(1), amending the definition of "property").

Commencement

SOP No 7 proposes that the commencement date be changed from eight months after the date of Royal assent to a fixed date which would be 01 December 2009 (Clause 2).

Foreign restraining orders

The Bill makes provision for the registration and enforcement of foreign restraining orders in New Zealand as if they were domestic restraining orders under the Bill if this is authorised under the Mutual Assistance in Criminal Matters Act 1992. The effect of such registration is that property that is subject to the order is not to be disposed of other than is provided in the order and is under the custody and control of the Official Assignee.

SOP No 7 proposes several amendments to the provisions relating to the registration of foreign restraining orders. One of the more important of these is that, in general terms, a right to apply for relief, and the right of a respondent to appear in relation to applications made to register foreign restraining orders or an application for further orders, is conferred only where the person has not had an opportunity to make representations before the Court or other body in the foreign country that made the order, or if a New Zealand Court grants special leave. It is also proposed that the maximum period for which a foreign restraining order may remain in force in New Zealand be extended from one to two years (Part 2, Subpart 8, amending Clause 140 and 142, omitting Clause 143 and inserting New Clause 149A)

Relief from foreign forfeiture orders.

SOP No 7 proposes a new ground on which the High Court may grant relief from a foreign forfeiture order registered in New Zealand. This is that " ... the applicant has unlawfully benefited from the significant foreign criminal activity to which the foreign forfeiture order relates (Part 2, Subpart 8, Clause 155(3), inserting new paragraph (c)).