COMMISSIONER OF POLICE v MCMILLAN & ORS [2021] NZHC 1973
The extension was granted because the Commissioner intends to pursue forfeiture after sentencing and no opposition was presented; therefore it is necessary to maintain the restraining order for a further 12 months and relist the matter for update on 1 November 2021.
Source-derived case information.
- Citation
- [2021] NZHC 1973
- Parties
- Applicant: COMMISSIONER OF POLICE; Respondent: KENNY LESLIE MCMILLAN; First Interested Party: DEAN ANTHONY MORIARTY; Second Interested Party: BENJAMIN ROBER FIRN NORTHROP
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 August 2021
- Procedural Posture
- Criminal Proceeds (recovery) Act 2009 Application / Application to Extend Restraining Order; Pre Forfeiture
- Outcome
- Application to extend restraining order granted.
- Legal Topics
- Restraining Order Extension, Forfeiture Proceedings, Adjournment Pending Sentencing
Source-derived case record
Summary, issues, holding and outcome
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Parties
COMMISSIONER OF POLICE
Applicant
KENNY LESLIE MCMILLAN
Respondent
DEAN ANTHONY MORIARTY
First Interested Party
BENJAMIN ROBER FIRN NORTHROP
Second Interested Party
Procedural Posture
Criminal Proceeds (recovery) Act 2009 Application / Application to Extend Restraining Order; Pre Forfeiture
Legal Issues
- 1 Whether the on-notice restraining order should be extended
- 2 Appropriate duration of the restraining order pending forfeiture application and conclusion of criminal proceedings
- 3 Whether the matter should be relisted for an update after sentencing
Ratio Decidendi
The extension was granted because the Commissioner intends to pursue forfeiture after sentencing and no opposition was presented; therefore it is necessary to maintain the restraining order for a further 12 months and relist the matter for update on 1 November 2021.
Court Disposition
Application to extend restraining order granted.
Orders
- Restraining order extended for 12 months to expire on 5 August 2022
- Matter adjourned to be called in the Judge's Chambers List on 1 November 2021 for the Commissioner to update the Court on the outcome of the respondent's criminal proceedings and the progress of any forfeiture application
Full Case Text
Judgment text and source record
1 paragraphs
COMMISSIONER OF POLICE v MCMILLAN & ORS [2021] NZHC 1973 [2 August 2021]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2019-485-232[2021] NZHC 1973UNDER the Criminal Proceeds (Recovery) Act 2009IN THE MATTER OF an application under ss 22 and 25BETWEEN COMMISSIONER OF POLICEApplicantAND KENNY LESLIE MCMILLANRespondentDEAN ANTHONY MORIARTYFirst Interested PartyBENJAMIN ROBER FIRN NORTHROPSecond Interested PartyHearing: 2 August 2021Counsel: S B McCusker for ApplicantNo appearance for RespondentsJudgment: 2 August 2021ORAL JUDGMENT OF CHURCHMAN J[1] An on notice restraining order in these proceedings was made on 5 August2019 and is set to expire on 5 August 2021.[2] An application to extend the duration of the restraining order for a further12 months was filed on 8 July 2021.[3] The first respondent in these proceedings remains before the Court. He iscurrently scheduled to be sentenced in the Wellington High Court on 13 August 2021.The Commissioner intends to file an application for forfeiture orders following themaking of further inquiries and the conclusion of the sentencing proceedings, and anyother criminal proceedings in respect of the first respondent.[4] The applicant asks that the restraining order remain in force until theCommissioner's intended forfeiture application has been concluded, and for thatreason seeks the following two orders:(a) an order extending the duration of the restraining order for 12 monthsso as to expire on 5 August 2022; and(b) that these proceedings be called again in the Judge's Chambers List on1 November 2021 for the Commissioner to update the Court on theoutcome of the first respondent's criminal proceedings and the progressof his forfeiture application.[5] Both of these applications are granted. The order is extended for 12 monthsand this matter is adjourned for call again on 1 November 2021.Churchman JSolicitors:Crown Solicitor Office, Wellington for Applicant