GET TOUGH, POLICE URGE

Hamilton: Criminals should have to prove they obtained
expensive property legitimately, instead of the onus
being on police to prove otherwise, police say.

The Proceeds of Crime Act 1992 allows police to ask a court to
restrain certain property and then confiscate it if they can prove it
was used "in the commission of a crime", or bought with money earned
through crime.

Police say the progress of cases is slow and criminals fight "tooth
and nail" to keep their property.

They believe the law should be changed to put the onus on criminals to
prove they own their possessions legitimately.

Presently, it is up to the police to prove they do
not.

Police Association President Greg O'Connor said New Zealand's proceeds
of crime legislation was at the "bare minimum" of what was needed.

"We need to get serious about proceeds of crime, so when we have a guy
who has been on the dole for 15 years riding around on a $30,000
Harley-Davidson, or in a $90,000 car and living in a $1 million house,
it is up to them to prove to us [police] how they got them, not us,"
he said.

Mr O'Connor said although the matter was being talked about, the law
would not change until people realised "how out of control" gangs were.

"There is no new legislation being worked on in that area at the
moment . . . it will take a serious murder like what has happened
overseas for the law to change."

The money from seized property is added to the Government's
consolidated funds.

Property seized last year included two small farms in Taupo and
Tauranga, with a total value of $400,000.

Both farms were being used to cultivate cannabis.

Police placed $2.5 million worth of property under restraining orders
last year, taking the total, including previous years, to $6.7 million.

They have to prove to the court that the property should then be
confiscated.

The biggest catch was the confiscation of property and motorcycles
worth $820,000. - NZPA