Partner - Auckland
Mark Harborow
Mark is one of Aotearoa New Zealand's experts on the Criminal Proceeds (Recovery) Act 2009, establishing and leading MC's Proceeds of Crime practice area.
Mark is one of Aotearoa New Zealand's experts on the Criminal Proceeds (Recovery) Act 2009, establishing and leading MC's Proceeds of Crime practice area.
About
Leading more than 300 criminal-proceeds matters in the High Court, Mark has built a reputation as an expert on the Criminal Proceeds (Recovery) Act 2009, including authoring papers and presenting on its theory and practice.
Mark has appeared before the Court of Appeal in several leading judgments under the Criminal Proceeds (Recovery) Act, as Crown counsel in jury trials in the High Court and District Court, and regularly appears in the High Court to restrain and forfeit criminal proceeds.
He has also acted for numerous public bodies in prosecutions and civil litigation.
Recent Cases & Achievements
Doyle v Commissioner of Police [2022] NZCA 2
Leading case on which Court procedure to use for applications under the Criminal Proceeds (Recovery) Act 2009 orders.
Snowden v Commissioner of Police [2022] NZSC 18, [2021] NZCA 336, [2020] NZHC 2036
Leading case on the relationship between the Criminal Proceeds (Recovery) Act 2009 and limitation statutes.
Yan v Commissioner of Police [2015] NZCA 576, [2016] 2 NZLR 593
Lead counsel in the Court of Appeal in the leading judgment on the interpretation and application of s 29 of the Criminal Proceeds (Recovery) Act 2009 relating to the circumstances in which the Commissioner of Police should give undertakings as to damages when applying for restraining orders.
Hayward v Commissioner of Police [2014] NZCA 625
Lead counsel in the Court of Appeal for the Commissioner of Police in the leading judgment on the interaction of the Criminal Proceeds (Recovery) Act 2009 and the Property (Relationships) Act 1976, and issues of relationship property and forfeiture.
Vincent v Commissioner of Police [2013] NZCA 413
Lead counsel in the Court of Appeal for the Commissioner of Police in the leading case on applications for restraining orders, and related questions including the approach to admissibility of evidence and procedural issues.
Negotiated forfeitures
Lead counsel for the Commissioner of Police in various applications under the Criminal Proceeds (Recovery) Act 2009 resulting in significant assets forfeited to the Crown after negotiated settlements. Examples include Commissioner of Police v Yan ($42.85 million forfeited in large money laundering case); Commissioner of Police v Investments Ltd ($8 million forfeited in tax evasion case) and Commissioner of Police v Gong ($70 million forfeited in international money laundering case).
Credentials
Admitted as NZ Barrister and Solicitor, 2004
LLM(Hons), University of Auckland
LLB(Hons)/BA, University of Otago
Member of the Legal Aid Tribunal and New Zealand Council of Law Reporting.
Author, Criminal Procedure Rules 2012, in Abbott and Thompson's District Courts Practice (Criminal), LexisNexis
Author of "Keeping rights in balance" [2004] NZLJ 299 (on the R v Shaheed balancing test)
Author of "The value of a guilty plea" [2009] NZLJ 409 (on the R v Hessell judgments)
Author (with Melissa Hammer) of "Criminal proceeds: realistic and robust assessments required" [2017] NZLJ 274
Author (with Tyler Bellingham) of “KiwiSaver funds immune from forfeiture: rightly or wrongly?” [2018] NZLJ 203
Author (with Luke Fraser) of “Criminals retaining the value of unlawful earnings?” [2018] NZLJ 339