Mark Harborow

Partner 

Mark acts for the Commissioner of Police in applications brought under the Criminal Proceeds (Recovery) Act. He regularly appears in the High Court to restrain and forfeit criminal proceeds. He is also a Crown prosecutor in the District and High Courts. He has acted for numerous public bodies in prosecutions and civil litigation.

Mark is a member of the Legal Aid Tribunal constituted under the Legal Services Act 2011.  He is also the author of the Criminal Procedure Rules 2012, in Abbott and Thompson's District Courts Practice (Criminal), LexisNexis.

Mark began his legal career as a judges' clerk at the Auckland High Court.  At university, Mark was first in class in criminal law, property law, law of evidence and resource management law, and received the prize for the best academic record.

  • 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: Vincent & Anor v Commissioner of Police.
  • Lead counsel in the Court of Appeal for the Commissioner of Police in Hayward v Commissioner of Police, the leading judgment on the interaction of the Criminal Proceeds (Recovery) Act and the Property (Relationships) Act, and issues of relationship property and forfeiture.
  • Lead counsel in the Court of Appeal for the Commissioner of Police in Yan & Ors v Commissioner of Police, the leading judgment on the interpretation and application of s 29 of the Criminal Proceeds (Recovery) Act relating to the circumstances in which the Commissioner of Police should give undertakings as to damages when applying for restraining orders.
  • Lead counsel for the Commissioner of Police in numerous applications under the Criminal Proceeds (Recovery) Act in which significant assets were forfeited to the Crown following negotiated settlements, and their approval by the High Court.  Examples include Commissioner of Police v Yan & Ors ($42.85 million forfeited in large money laundering case) and Commissioner of Police v Investments Ltd & Ors ($8 million forfeited in tax evasion case involving the ‘Masala’ chain of Indian restaurants).
  • Counsel for the Northland Regional Council in Northland Regional Council v Bird & Ors, the leading judgment on the Environment Court's power to imprison for contempt of Court/disobeying Court orders.

LLM (Hons), University of Auckland

LLB (Hons)/BA, University of Otago

Other credentials:

  • Member of the Legal Aid Tribunal constituted under the Legal Services Act 2011
  • 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
  • Lecturer, University of Otago, Summer School paper, LAWS 487 "Criminal Procedure", dealing with the suite of reforms introduced by the Criminal Procedure Act 2011 and related legislation