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
Commissioner of Police v Joyce [2025] NZHC 2292
First successful “type 2” assets forfeiture application, involving property held by members of the Head Hunters Motorcycle gang, introduced in the Criminal Proceeds (Recovery) Amendment Act 2023.
Commissioner of Police v Doyle [2024] NZHC 2392
Successful application for profit forfeiture orders against the leader of the Head Hunters Motorcycle gang, totalling approximately $14.8 million.
Commissioner of Police v Shakib [2024] NZHC 1667
Leading judgment on the operation of “disclosure of source” orders, introduced in the Criminal Proceeds (Recovery) Amendment Act 2023.
Commissioner of Police v Duncan [2023] NZHC 2482
First successful application by the Official Assignee to enforce a profit forfeiture debt against later-acquired property.
Commissioner of Police v Vinnik [2023] NZHC 370
Largest value restraining orders, with a value of approximately $140 million, in significant scale international money laundering case.
Doyle v Commissioner of Police [2022] NZCA 2
Leading judgment 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 and limitation statutes.
Yan v Commissioner of Police [2015] NZCA 576, [2016] 2 NZLR 593 and Commissioner of Police v Salters Cartage Ltd [2024] NZCA 6
Leading judgments 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.
Hayward v Commissioner of Police [2014] NZCA 625
Leading judgment on the interaction of the Criminal Proceeds (Recovery) Act and the Property (Relationships) Act 1976, and issues of relationship property and forfeiture.
Vincent v Commissioner of Police [2013] NZCA 413
Leading judgment 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); Commissioner of Police v Gong ($70 million forfeited in international money laundering case); and Commissioner of Police v Salters Cartage Ltd ($4 million forfeited in complex regulatory offending 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