Tēnā koe,

I am writing under the Official Information Act 1982 to request information about the legal process governing the confiscation of cryptocurrency assets in New Zealand and the handling of proceeds.

I am a journalist with Cryptocurrency NZ (cryptocurrency.org.nz), New Zealand's independent crypto news organization. This request is made in the public interest.

I request the following information:

A. Confiscation orders

1. The number of confiscation orders issued involving cryptocurrency assets in New Zealand, broken down by year from 2015 to present.

2. The total estimated value of cryptocurrency subject to confiscation orders, broken down by year where records allow.

3. The legislation under which cryptocurrency assets are most commonly confiscated in New Zealand - including the Criminal Proceeds (Recovery) Act 2009 and any other relevant statutes.

B. Legal process

4. The legal process that must be followed before seized cryptocurrency can be liquidated or transferred following a confiscation order.

5. Whether there are any legal constraints on when or how quickly seized cryptocurrency can be sold after a confiscation order is granted.

6. How New Zealand courts and the Ministry treat the valuation of cryptocurrency assets for the purposes of confiscation proceedings, given price volatility.

C. Proceeds

7. Where the proceeds from liquidated cryptocurrency assets go following a confiscation order - including whether funds are returned to consolidated revenue, distributed to victims, or allocated to specific funds.

8. Whether there is a public record of proceeds received from cryptocurrency confiscations.

D. Policy

9. Whether the Ministry of Justice has issued or is developing any specific policy guidance on the treatment of cryptocurrency assets in criminal proceedings.

Please provide documents, records, policies or guidelines that are held and can be released under the Act. Where information cannot be released in full, I ask that it be released in part with reasons given for any withholding.

Ngā mihi,

Harry Satoshi
Editor, Cryptocurrency NZ