Joanne Harrison was jailed in February this year. Photo / File
Joanne Harrison was jailed in February this year. Photo / File
The Government will likely look at changing the Proceeds of Crime Act to allow police to seize KiwiSaver funds of those who have financially benefited from their crimes, a legal expert says.
Criminal Bar Association president Len Anderson was speaking to Larry Williams Drive on Newstalk ZB this afternoon afterit was revealed Justice Rebecca Ellis ruled police could not seize $109,000 in the KiwiSaver fund of convicted Ministry of Transport fraudster Joanne Harrison.
Police, under the Criminal Proceeds Recovery Act, have made a bid to seize assets owned or controlled by Harrison or her partner, including a half-million dollar property, BMW, expensive watches and the KiwiSaver fund.
"It seems unlikely that the relationship between the two Acts was considered at the time the KSA was enacted. It may well be that legislative amendment is required," she said.
Criminal Bar Association president Len Andersen agreed.
"I think that as a result of this decision I'm sure the Government will look at perhaps changing that so it's subject to the Proceeds of Crime legislation," he told Williams.
"I can't think of anything else offhand that is protected in the same way as KiwiSaver."
It seemed unjust that KiwiSaver had protective positions — it was also protected in bankruptcy, although not in a relationship breakdown, he said.
The trouble with KiwiSaver was people were not restricted to just putting in the small percentage of earnings from themselves and their employer.
"There's nothing to stop people putting quite large amounts in ... if you think about it in terms of criminal enterprises, it would be rather shortsighted of a drug dealer not to have a KiwiSaver account."