"Practitioners will benefit from this text, which provides guidance on the Criminal Proceeds (Recovery) Act 2009's provisions and machinery, the growing body of case law, and the status of a conceptually criminal regime which engages the civil procedure and civil standard of proof"--Publisher information.

Crime, Law and Justice in New Zealand examines the recent crime trends and the social, political, and legal changes in New Zealand from the end of the twentieth century to the present. Serving as the only New Zealand–specific criminal justice text, this book takes a direct look at what is unique about the country’s criminal justice system and recent crime trends. Crime rates peaked in the early 1990s and have fallen since. Newbold considers why this happened through factors such as economy, ethnic composition, changing cultural trends, and legislative developments in policing and criminal justice. He unpacks various types of crime separately—violent crime, property crime, drug crime, gang crime, organised crime, etc.—and examines each in terms of the various complex factors affecting it, using illustrative examples from recent high-profile cases. The cover photo for Crime, Law and Justice in New Zealand was taken by Jono Rotman.

This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.

The role played by legal professionals in the laundering of criminal proceeds generated by others has become a priority concern for authorities at national and international levels. This ground-breaking book presents an in-depth empirical analysis of the nature of lawyers’ involvement in the facilitation of money laundering and its control through criminal justice and regulatory mechanisms. It is based on qualitative research combining analysis of cases of lawyers convicted of money laundering offences with interviews with criminal justice practitioners, members of professional and regulatory bodies and practising solicitors, and analysis of relevant national and international legislative and regulatory frameworks. The book demonstrates the complex and diverse nature of lawyers’ involvement in laundering activity, and shows that their actions and the decisions they take must be understood in relation to the specific situational contexts in which they occur. It provides significant new insights into the criminal justice and regulatory response to professional facilitation of money laundering in the UK, raising questions about the effectiveness and appropriateness of the response and the challenges involved. The book develops a framework for future research and analysis in this area, and proposes a range of potential strategies for controlling the facilitation of money laundering. Lawyers and the Proceeds of Crime is essential reading for those researching money laundering, white-collar crime or organised crime, and for practitioners and policy makers concerned with preventing the facilitation of money laundering.

This report evaluates the Observance of Standards and Codes on the Financial Action Task Force (FATF) Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) for New Zealand (NZ). The assessment reveals that since its last evaluation in 1998, NZ has made few changes to its AML regime, but has introduced new legislation and associated institutional measures to combat terrorist financing. The criminal justice legislative measures for combating money laundering and terrorist financing are generally sound, and in several areas, the effectiveness of those measures has improved over time.

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

This paper presents an assessment of the Observance of Insurance Core Principles in New Zealand. Observance of these principles in New Zealand falls significantly short. In some areas, the implementation of initiatives that would improve observance is incomplete. Supervisory risk assessment and enhancement of regulatory reporting by insurers are limited, which compromises effective off-site supervision, macroprudential analysis, and publication of aggregate information on the market. The Reserve Bank of New Zealand should focus in regulation and supervisory work on setting standards on corporate governance, risk management, and internal controls. It should assess risk in these areas to promote the effectiveness of insurers’ governance.