COMMISSIONER OF POLICE v ALEXANDER [2020] NZHC 2259

COMMISSIONER OF POLICE v ALEXANDER [2020] NZHC 2259 [1 September 2020]IN THE HIGH COURT OF NEW ZEALANDTIMARU REGISTRYI TE KŌTI MATUA O AOTEAROATE TIHI-O-MARU ROHECIV-2018-476-000060[2020] NZHC 2259BETWEEN COMMISSIONER OF POLICEApplicantAND STEPHEN CRAIG ALEXANDERRespondentAND ETHAN CRAIG EYLESFirst Interested PartyAND DYLAN SHANNON EYLESSecond Interested PartyAND EVAN ALEXANDER EYLESThird Interested PartyHearing: (by telephone conference) 1 September 2020Appearances: A R McRae for ApplicantC J Lange for Respondent (with Respondent alsoattending in person)E C Eyles (First Interested Party) in personJudgment: 1 September 2020JUDGMENT OF OSBORNE J(by consent)This judgment was delivered by me on 1 September 2020 at 3.00 pm pursuant to Rule 11.5of the High Court RulesRegistrar/Deputy RegistrarDate:[1] The application of the Commissioner of Police, on-notice, for restrainingorders under ss 2, 24 and 25 Criminal Proceeds (Recovery) Act 2009 was for hearingbefore me today.[2] The parties have successfully negotiated the resolution of a number of mattersrelating to the restraint. Those will be the subject of a consent order which I will nowmake.[3] Before the Commissioner files any application for forfeiture, Mr McRae andMr Lange intend to pursue further negotiations in relation to at least one asset.[4] To allow for that to take place, I adjourn remaining aspects of the on-noticeapplication for restraining orders for mention at a telephone conference at 2.00 pm, 9November 2020, Dunningham J.[5] That mentions date allows counsel a period of six weeks for any negotiations.[6] In the event that matters are not resolved between the parties so as to avoid theneed for an application for forfeiture, the Commissioner is to file and serve anyapplication for forfeiture by 23 October 2020.Discharge of parts of without notice restraining order[7] The without notice restraining order made on 21 December 2018 is varied tothe extent that the following items of property identified in the order are dischargedfrom its ambit namely:(a) a blue Mitsubishi Mirage hatchback, registration LCB775, registered toDylan Shannon Eyles; and(b) a white Mitsubishi Mirage hatchback, registration JYK903, registeredto Evan Alexander Eyles.On-notice restraining order[8] By consent I order:(a) the property to which this order applies:(i) is not to be disposed of, or dealt with, other than is provided forin the restraining order; and(ii) is to be in the Official Assignee's custody and control.(b) the property to which this order applies is as follows:(i) $6,000 in cash which was located at 5 North Street, Winchesteron 23 May 2018;(ii) 5 North Street, Winchester, consisting of a 1,619 m2 propertywith a dwelling house, being Lot 2, Deposited Plan 50735 underrecord of title unique identifier CB29F/1105;(iii) an adjoining 860 m2 property with a shed complex, being Lot 1,Deposited Plan 50735 under record of title unique identifierCB29F/1104;(iv) 7 North Street, Winchester, consisting of an 885 m2 propertywith an old Scout Hall, being Lot 94, Part Rural Section 4930under record of title unique identifier CB724/14; and(v) a red Mitsubishi Mirage hatchback, registration KRH383,registered to Ethan Craig Eyles.Osborne JSolicitors:Gresson Dorman & Co., TimaruC J Lange, Barrister, ChristchurchCopy to: All Interested Parties