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  • Son of G
    Forum Junkie
    • Sep 2005
    • 261

    #1

    Changes to court debt collection

    Just read this article:
    http://www.stuff.co.nz/national/poli...ine-defaulters

    While generally interesting the bit that I have bolded applies to landlords going after defaulters.

    Legislation has been introduced which will allow driver licences to be suspended when people haven't made arrangements to pay overdue traffic fines.
    It is a new penalty created in the Courts and Criminal Matters Bill, introduced yesterday, which Courts Minister Georgina te Heuheu says will strengthen enforcement measures generally.
    One of its proposed amendments is to the Land Transport Act, allowing driver licence stop orders (DLSOs) to be issued against fine defaulters.
    "Driver licence stop orders will be a new enforcement measure where a person fails to make payment arrangements for overdue traffic fines and reparation," the bill says.
    "Eligible people will be sent a letter warning them that if they do not resolve their overdue traffic penalties within 14 days, their driver licences will be suspended."
    The DLSOs will suspend all driver licences held by people in default, including limited licences, and will also prevent those people from obtaining a licence.
    Licences will remain suspended until the overdue fines are resolved through payment or time-to-pay arrangements.
    Vehicles will be impounded for 28 days if people drive in breach of a DLSO.
    The Courts and Criminal Matters Bill strengthens collection measures for all fines, reparation payments and civil debt when people haven't continued to pay or haven't made payment arrangements.
    As well as amending the Land Transport Act, it changes the Summary Proceedings Act, the Sentencing Act and the District Courts Act.
    The main amendments to the Summary Proceedings Act are:
    * Allowing the Ministry of Justice to release overdue penalty amounts to credit reporting agencies, and allowing those agencies to give the ministry credit applicant information, to assist with fines enforcement;
    * Giving courts priority over secured creditors for seized property where the overdue penalties could have been discovered before finance was advanced to purchase that property, and these penalties are still overdue; and
    * Allowing home detention or prison sentences to be substituted for unaffordable and unenforceable reparation orders.
    The Sentencing Act is being changed to improve the operation of reparation and vehicle confiscation as penalty regimes.
    The District Courts Act amendments are to improve the operation of the civil debt enforcement process by streamlining the most commonly used processes - Orders for Examination and Attachment Orders.
    "This bill represents the most comprehensive set of legislative measures designed to strengthen the recovery of unpaid monies in 12 years," Mrs te Heuheu said.
    "It is critical to the credibility of the justice system that monetary penalties are viewed as a credible sanction."
    She said it demonstrated the Government's determination to address the high level of unpaid fines, and had taken more than two years to develop.
    The Son of Glenn
  • Keys
    Fanatical
    • Nov 2006
    • 6062

    #2
    Got a reply from someone in response to a question I asked several weeks ago. Something like your post. I'll copy and paste here tomorrow when I get home (if I remember).
    Last edited by Keys; 30-04-2010, 08:40 PM.
    https://www.propertytalk.com/forum/i...ilies/lock.gif

    Comment

    • PC
      Fanatical
      • Apr 2004
      • 2172

      #3
      Are these methods available to civil court awarded costs?
      Or only government fines & debt?

      Somehow I suspect one rule for them & another for us.
      The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

      Comment

      • Keys
        Fanatical
        • Nov 2006
        • 6062

        #4
        Originally posted by Keys View Post
        Got a reply from someone in response to a question I asked several weeks ago. Something like your post. I'll copy and paste here tomorrow when I get home (if I remember).
        Nope. Must have trashed the email.
        https://www.propertytalk.com/forum/i...ilies/lock.gif

        Comment

        • Perry
          Geriatric
          • Sep 2004
          • 16861

          #5
          Originally posted by PC View Post
          Are these methods available to civil court awarded costs?
          Or only government fines & debt?

          Somehow I suspect one rule for them & another for us.
          Seems reasonable. After all, look at:
          Originally posted by Focus On Fines
          Courts Minister Georgina te Heuheu said it demonstrated the Government's determination to address the high level of unpaid fines . . .
          Then . . .
          * Giving courts priority over secured creditors for seized property where the overdue penalties could have been discovered before finance was advanced to purchase that property, and these penalties are still overdue;
          "could have been?" Just how, I wonder. As
          PC observes, the W'gton drones always put
          themselves first.
          .

          Comment

          • WGN ex-property manager
            Fanatical
            • Jun 2007
            • 1237

            #6
            Originally posted by Perry View Post
            Seems reasonable. After all, look at:
            Then . . ."could have been?" Just how, I wonder. As
            PC observes, the W'gton drones always put
            themselves first.
            .

            Because they're not fast, smart or mean enough to win when playing commercial rules without an unfair advanatage

            Comment

            • Perry
              Geriatric
              • Sep 2004
              • 16861

              #7
              Try This!

              Well, here's one they can cut their teeth on!

              Who's being unrealistic, here? Doesn't this
              sort of thing make a mockery of the legal
              system?

              Pay Back The Money Court Orders Versalko
              By Michael Field - Stuff
              26/05/2010

              An ASB Bank investment adviser who stole millions and
              lavished it on prostitutes and high living has been ordered by
              the High Court this morning to pay most of it back.

              Stephen Versalko, 52, was earlier this year jailed for six
              years on three fraud charges after stealing $17.8m.

              Before Justice Miller in the High Court in Auckland this
              morning, the ASB sought a refund from Versalko.

              For the ASB, Kyra Vince told the court Versalko was not
              opposing the bank's application and he was not represented
              in court.

              Justice Miller replied: "You can have judgment then by
              default." He asked how much the bank wanted and she replied
              $14,032,686.50 plus costs of $12,800 and disbursements of
              $1900.

              Judgment was awarded accordingly. The hearing lasted less
              than a minute. The judgment leaves the bank short-changed
              by $3,730,423.69 on what Versalko stole.

              The ASB is taking legal action to get another $3.4m from
              assorted prostitutes, including $2.4m from his favoured
              woman.

              Versalko held $4.75m in trusts. He spent $3.2m on
              a Remeura mansion and $1.8m on a Coromandel
              beach home.
              Who's being delusional / kidding who, here?
              .

              Comment

              • graemeh
                Addicted
                • Sep 2003
                • 921

                #8
                Originally posted by Perry View Post
                Well, here's one they can cut their teeth on!

                Who's being unrealistic, here? Doesn't this
                sort of thing make a mockery of the legal
                system?

                Who's being delusional / kidding who, here?
                .
                I suspect it is just positioning. This will give ASB the right to seize his assets (that the courts have probably already frozen).

                Comment

                • Perry
                  Geriatric
                  • Sep 2004
                  • 16861

                  #9
                  "his assets?"

                  Would it also be 'positioning' with the secondary
                  actions against assorted prostitutes? Will further
                  actions proceed against others? The gas station
                  where he filled his car; the supermarket where
                  he bought his groceries; the electricty retailer
                  from which he purchased his power; the council
                  to which he paid rates . . . .
                  .

                  Comment

                  • graemeh
                    Addicted
                    • Sep 2003
                    • 921

                    #10
                    Originally posted by Perry View Post
                    "his assets?"

                    Would it also be 'positioning' with the secondary
                    actions against assorted prostitutes? Will further
                    actions proceed against others? The gas station
                    where he filled his car; the supermarket where
                    he bought his groceries; the electricty retailer
                    from which he purchased his power; the council
                    to which he paid rates . . . .
                    .

                    Yes Perry, his assets. If you read the original story you'll see that he invested some of the money and was actually doing quite well.

                    He didn't spend it all on hookers, petrol, groceries, electricity and rates unlike some people here

                    Comment

                    • Perry
                      Geriatric
                      • Sep 2004
                      • 16861

                      #11
                      If so, why did the article refer to
                      the ASB pursuing prostitutes?
                      Your posts appear to be suggesting
                      that they were among his assets?

                      I also wonder if such a thing is not
                      already covered under the Criminal
                      Proceeds (Recovery)Act 2009.

                      .

                      Comment

                      • Keys
                        Fanatical
                        • Nov 2006
                        • 6062

                        #12
                        Originally posted by Perry View Post
                        If so, why did the article refer to
                        the ASB pursuing prostitutes?
                        Your posts appear to be suggesting
                        that they were among his assets?

                        I also wonder if such a thing is not
                        already covered under the Criminal
                        Proceeds (Recovery)Act 2009.
                        .
                        Why should they be singled out? It's a legal profession. Should the ASB then ask for the grocdery money back? Same principal.
                        https://www.propertytalk.com/forum/i...ilies/lock.gif

                        Comment

                        • speights boy
                          Fanatical
                          • Aug 2008
                          • 7935

                          #13
                          Originally posted by Keys View Post
                          Why should they be singled out? It's a legal profession. Should the ASB then ask for the grocdery money back? Same principal.
                          It is unlikely that the grocery check-out person knew the broccoli and shampoo was being paid for with fraudulent funds.

                          The 1.38m the prostitute received?
                          That we don't know yet.

                          SB

                          Comment

                          • graemeh
                            Addicted
                            • Sep 2003
                            • 921

                            #14
                            Originally posted by Perry View Post
                            If so, why did the article refer to
                            the ASB pursuing prostitutes?
                            Your posts appear to be suggesting
                            that they were among his assets?

                            I also wonder if such a thing is not
                            already covered under the Criminal
                            Proceeds (Recovery)Act 2009.

                            .
                            They mentioned the happy hookers because NZ Herald wanted something sensational.

                            Their other option was "ASB obtains judgment against thieving banker". Hardly exciting until you add in SEX.

                            The only thought that I suggested the prostitutes were among his assets is the one in your head.

                            Some of the assets include a $3.2m home in Remuere and a $1.8m bach in the Coromandel.

                            3 News reported that the SFO says he invested $190k with CMC markets and this is now worth $345k.

                            Comment

                            • graemeh
                              Addicted
                              • Sep 2003
                              • 921

                              #15
                              Originally posted by Keys View Post
                              Why should they be singled out? It's a legal profession. Should the ASB then ask for the grocdery money back? Same principal.
                              There are probably two reasons why they are singled out
                              • They are a "high value" target, so even after legal fees it will be worthwhile if they succeed
                              • ASB will argue that they KNEW the money was stolen so effectively they were receiving stolen property

                              Comment

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