 | NORML News: Govt: prove it's yours, or we'll take it |
 Norml News Autumn 2004
The Government wants to confiscate assets and bank accounts from suspected "criminals" without the need for a criminal trial or conviction.
The planned new "civil forfeiture regime" is intended to beef up the existing Proceeds of Crime act which requires a conviction before property can be seized. Justice minister Phil Goff wants to be able to freeze assets if there is "reasonable grounds" for suspecting them to be gained from or supported by crime. The onus will then be placed on the suspect to prove that the assets were gained legitimately - a dangerous case of being presumed guilty until proven innocent.
Cannabis growers and dealers are the most often targeted by the Proceeds of Crime Act. $3.7 million worth of assets were taken last year, the most ever since the law was introduced in 1995 ($8.3 million has been taken in total). Phil Goff jealously compared this to larger figures from other countries with civil, non-prosecution based regimes like the one proposed, such as New South Wales (NZ$84m) and Britain (NZ$70m).
This sort of legislation has been disastrous in the US, helping local police chiefs and other government officials get rich off assets taken from "suspected drug dealers". Although it is obvious that making law enforcement fiscally profitable will foment corruption, the other political parties have signalled support. Goff wants to introduce legislation by year's end, and with only the Green party not supporting, it will probably pass. This is despite the fact that organised crime continues to flourish in all countries where asset seizure occurs, but with added police corruption. In NZ at least, surely a more expedient way to bring the gangs to heal would be to legalise cannabis?
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