COMMISSIONER OF POLICE v STANDEN [2022] NZHC 1086

COMMISSIONER OF POLICE v STANDEN [2022] NZHC 1086 [17 May 2022]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2022-409-000015[2022] NZHC 1086UNDER the Criminal Proceeds (Recovery) Act 2009IN THE MATTER of an application pursuant to ss 43, 44 and52 of the ActBETWEEN COMMISSIONER OF POLICEApplicantAND DAREN MARK STANDENRespondentAND GERARD EAMON FITZPATRICKFirst Interested PartyAND GRAHAM DANIEL LILLEYSecond Interested PartyHearing: 16 May 2022Appearances: S Mallett for the ApplicantNo appearance for the RespondentJudgment: 17 May 2022JUDGMENT OF NATION J[1] On 21 October 2021, the respondent, Mr Standen, was convicted on twocharges of possession of methamphetamine and amphetamine for supply.[2] On 21 March 2022, Eaton J made orders of restraint of the following assets:(a) $226,785 in cash located in a 2009 BMW Saloon and seized by Police on25 December 2020;(b) 2008 Porsche Cayenne motor vehicle; and(c) 2003 Audi Quattro Sedan registration MPK920.[3] The interested parties sought to oppose the restraint order insofar as it relatedto the 2008 Porche Cayenne motor vehicle. On 27 April 2022, with the agreement ofthe Commissioner, Osborne J varied the restraining order to remove the 2008 PorscheCayenne. On 11 May 2022, the Commissioner applied for a forfeiture order as to the$226,785 in cash and the 2003 Audi Quattro Sedan.[4] On 3 March 2022, Mr Standen was sentenced on the charge of possession ofmethamphetamine for supply and supplying methamphetamine. In his sentencingnotes, Judge Gilbert said Mr Standen's counsel had advised that Mr Standen would nolonger be opposing restraint and, I infer, forfeiture of the cash seized from the vehicle.The Judge said, while that will be dealt with in the High Court, Mr Standen'sacceptance of that had been taken into account in commuting the sentence to one ofhome detention.[5] On 5 April 2022, a specialist investigator attached to the Southern AssetRecovery Unit, Financial Crime Group of the New Zealand Police contacted MrStanden to arrange service of the sealed orders of its restraint. She said Mr Standenbecame upset and said he thought it was all over. The investigator said that, if he wasadamant he did not wish to oppose the restraint and forfeiture, she could draft astatement confirming his agreement to the making of the orders. On 7 April 2022,another authorised officer with the Police in Auckland served the sealed restraint orderon Mr Standen and went through the statement as to agreed forfeiture with him. MrStanden signed the statement and agreed to the making of the forfeiture orders as tothe cash and the 2003 Audi Quattro Sedan.[6] There is evidence for the Commissioner that the Audi Quattro Sedan was stolenfrom Mr Standen in a gang related robbery. Mr Standen nevertheless asserted heremained the true owner of that vehicle. It is thus appropriate for a forfeiture order tobe made as to that asset.[7] The application for a forfeiture order, a further order associated with therestraining order and associated affidavit and annexures were served on Mr Standenon 12 May 2022. On receiving the documents, Mr Standen stated he was not going tochallenge the forfeiture and he did not want anything to do with the cars.[8] I am satisfied there are reasonable grounds to believe that the property whichis to be the subject of the forfeiture order is tainted property. There are reasonablegrounds to believe that such property is Mr Standen's property and Mr Standen hasunlawfully benefited from significant criminal activity, namely the sale ofmethamphetamine.[9] Accordingly, and by consent, I make a forfeiture order that:(a) the value of the benefit determined in accordance with s 53 of the CriminalProceeds (Recovery) Act 2009 is, as the case requires, $244,065;(b) the maximum recoverable amount is $244,065; and(c) the following property is to be realised:(i) $226,785 in cash located in a 2009 BMW Saloon registrationMNL527 and seized by Police on 25 December 2020; and(ii) a 2003 Audi Quattro Sedan, registration MPK920, valued at between$8,000 and $13,900 and currently registered to Daren Standen, therespondent.[10] I make no order as to costs.Solicitors:Crown Solicitor's Office, Christchurch