sec.87Enforcement of order against property under effective control

### sec.87 Enforcement of order against property under effective control The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a proceeds assessment order (the controlling person ). The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— the controlling person; anyone else the commission or the commissioner of the police service considers may have an interest in the property. The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application. If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the proceeds assessment order to the extent to which other property of the controlling person is not readily available for the purpose. The proceeds assessment order may be enforced against the property to the extent stated in the declaration. The court may also make a restraining order in relation to the property. The absence of a person required to be given notice of the application does not prevent the court from making the order. Subsection (5) does not apply to property that is the subject of a hardship order. s 87 amd 2004 No. 43 s 36A ; 2013 No. 21 s 37 (sec.87-ssec.1) The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made a proceeds assessment order (the controlling person ). (sec.87-ssec.2) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— the controlling person; anyone else the commission or the commissioner of the police service considers may have an interest in the property. (sec.87-ssec.3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application. (sec.87-ssec.4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the proceeds assessment order to the extent to which other property of the controlling person is not readily available for the purpose. (sec.87-ssec.5) The proceeds assessment order may be enforced against the property to the extent stated in the declaration. (sec.87-ssec.6) The court may also make a restraining order in relation to the property. (sec.87-ssec.7) The absence of a person required to be given notice of the application does not prevent the court from making the order. (sec.87-ssec.8) Subsection (5) does not apply to property that is the subject of a hardship order. - (a) the controlling person; - (b) anyone else the commission or the commissioner of the police service considers may have an interest in the property.