HENDERSON v POLICE [2019] NZHC 2574
The confiscation order was quashed because the appellant established he had no interest in the vehicle at the time of the offence, there was no connection suggesting the purchase was not bona fide, and confiscation would cause undue hardship; the Crown accepted these facts and the Police agreed the appeal should be...
Source-derived case information.
- Citation
- [2019] NZHC 2574
- Parties
- Appellant: Colin John Henderson; Respondent: New Zealand Police; Respondent: Lisa Jane Brown
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 October 2019
- Procedural Posture
- Appeal Against Confiscation Order / On the Papers
- Outcome
- Appeal allowed; confiscation order quashed.
- Legal Topics
- Vehicle Confiscation, Undue Hardship, Ownership and Interest, Knowledge and Foreseeability
Source-derived case record
Summary, issues, holding and outcome
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Parties
Colin John Henderson
Appellant
New Zealand Police
Respondent
Lisa Jane Brown
Respondent
Procedural Posture
Appeal Against Confiscation Order / On the Papers
Legal Issues
- 1 Whether the appellant had an ownership or other legal interest in the vehicle at the time of the offence
- 2 Whether the appellant knew or could reasonably have known the offender would commit the offences
- 3 Whether confiscation of the vehicle would cause undue hardship to the appellant and his family
Ratio Decidendi
The confiscation order was quashed because the appellant established he had no interest in the vehicle at the time of the offence, there was no connection suggesting the purchase was not bona fide, and confiscation would cause undue hardship; the Crown accepted these facts and the Police agreed the appeal should be allowed.
Court Disposition
Appeal allowed; confiscation order quashed.
Orders
- The order for the confiscation of the Nissan vehicle, registration number BBU282, is quashed.
Full Case Text
Judgment text and source record
1 paragraphs
HENDERSON v POLICE [2019] NZHC 2574 [10 October 2019]IN THE HIGH COURT OF NEW ZEALANDTIMARU REGISTRYI TE KŌTI MATUA O AOTEAROATE TIHI-O-MARU ROHECRI-2019-476-000009[2019] NZHC 2574BETWEEN COLIN JOHN HENDERSONAppellantAND NEW ZEALAND POLICE andLISA JANE BROWNRespondentsHearing: On the papersJudgment: 10 October 2019JUDGMENT OF NATION J[1] On 30 October 2018, Lisa Jane Brown was sentenced for driving whiledisqualified. An order was made for the confiscation of a Nissan vehicle (the vehicle),registration number BBU282.[2] Colin Henderson, the appellant, appeals the order for the confiscation of thevehicle on three grounds:(a) he did not own or have an interest in the vehicle at the time the offencewas committed by Ms Brown;(b) he did not know and could not reasonably have known that the offenderwould commit the offences; and(c) confiscation of the motor vehicle would cause him undue hardship.[3] Mr Henderson is self-represented. On 2 September 2018, with assistance fromthe Crown, I permitted and directed Mr Henderson to file an affidavit setting out theevidence supporting the grounds of his appeal.[4] The Crown accept that, in an affidavit dated 3 October 2019, Mr Hendersonhas established that he had no interest in the vehicle at the time of the offence, he hasno connection to Ms Brown to suggest the purchase may be anything other than bonafide, and he and his family will suffer undue hardship from the application.[5] The New Zealand Police agree the appeal should be allowed and this can bedone on the papers.[6] The appeal is allowed. The order for the confiscation of the Nissan vehicle,registration number BBU282, is quashed.Solicitors:A R McRae, Crown Solicitor, Timaru.Copy to:C J Henderson, Appellant.This judgment was delivered by me on 10 October 2019 at 10.00 ampursuant to Rule 11.5 of the High Court RulesRegistrar / Deputy RegistrarDate: 10 October 2019