COMMISSIONER OF POLICE v NATHAN [2022] NZHC 1072
Parties reached a negotiated settlement and, having jurisdiction to grant the orders sought, the Court entered consent orders determining the value of the benefit at $32,616.70, ordered that amount to be realised and withdrew the opposing and interested party applications with no order for costs.
Source-derived case information.
- Citation
- [2022] NZHC 1072
- Parties
- Applicant: Commissioner of Police; Respondent: Waiaana Belinda Nathan; Interested Party: Karina Marama Nathan
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 May 2022
- Procedural Posture
- Application for Assets Forfeiture Under the Criminal Proceeds (recovery) Act 2009 / Determined on the Papers by Consent; Consent Orders Entered Prior to Scheduled Hearing
- Outcome
- Forfeiture order entered by consent; $32,616.70 cash to be realised in accordance with the Court's orders
- Legal Topics
- Forfeiture Order, Relief Against Forfeiture, Seizure of Cash, Valuation Under S 53, Consent Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of Police
Applicant
Waiaana Belinda Nathan
Respondent
Karina Marama Nathan
Interested Party
Procedural Posture
Application for Assets Forfeiture Under the Criminal Proceeds (recovery) Act 2009 / Determined on the Papers by Consent; Consent Orders Entered Prior to Scheduled Hearing
Legal Issues
- 1 Whether $32,616.70 cash seized at respondent's address should be forfeited as criminal proceeds
- 2 Whether interested party's application for relief against forfeiture should proceed
- 3 Determination of value of benefit under s 53 Criminal Proceeds (Recovery) Act 2009
Ratio Decidendi
Parties reached a negotiated settlement and, having jurisdiction to grant the orders sought, the Court entered consent orders determining the value of the benefit at $32,616.70, ordered that amount to be realised and withdrew the opposing and interested party applications with no order for costs.
Court Disposition
Forfeiture order entered by consent; $32,616.70 cash to be realised in accordance with the Court's orders
Orders
- Interested party has leave to withdraw her application for relief, with that application hereby withdrawn, with no order for the costs and disbursements of the application
- Respondent has leave to withdraw her opposition to the applicant's forfeiture application
Full Case Text
Judgment text and source record
1 paragraphs
COMMISSIONER OF POLICE v NATHAN [2022] NZHC 1072 [16 May 2022]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2020-409-354[2022] NZHC 1072UNDER the Criminal Proceeds (Recovery) Act 2009IN THE MATTER of an application pursuant to ss 43, 44, 49and 52 of the ActBETWEEN COMMISSIONER OF POLICEApplicantAND WAIAANA BELINDA NATHANRespondentAND KARINA MARAMA NATHANInterested PartyAppearances: C White for ApplicantB G Walker for RespondentG P Davis for Interested PartyJudgment: 16 May 2022(Determined on the papers)JUDGMENT OF OSBORNE J(by consent)[1] The Commissioner of Police applies under the Criminal Proceeds (Recovery)Act 2009 (the Act) for an assets forfeiture order over a sum of $32,616.70 in cash (thecash). The cash was seized at the home of the respondent, Waiaana Nathan, when shewas arrested on a series of drug and firearm offences, in relation to which she hassubsequently been sentenced to three years' imprisonment.[2] The Commissioner's application, opposed by the respondent, was scheduledfor hearing tomorrow.[3] Also for hearing was an opposed application of the respondent's sister, KarinaNathan, for relief against forfeiture.[4] Counsel have this afternoon filed a joint memorandum setting out the terms ofa resolution reached between the parties.[5] The orders sought, by consent, are within the jurisdiction of the Court.Orders[6] I order by consent:(a) the interested party has leave to withdraw her application for relief, withthat application hereby withdrawn, with no order for the costs anddisbursements of the application;(b) the respondent has leave to withdraw her opposition to the applicant'sforfeiture application;(c) the value of the benefit determined in accordance with s 53 CriminalProceeds (Recovery) Act 2009 is, as the case requires, $32,616.70;(d) the maximum recoverable amount is $32,616.70;(e) the following property has to be realised, namely $32,616.70 cashlocated at the respondent's address; and(f) there is no order as to the costs and disbursements of the forfeitureapplication.Osborne JSolicitors:Crown Solicitor's Office, ChristchurchShaun Cottrell Law, ChristchurchKevin Smith Law Limited, WellingtonBarristers:G P Davis, ChristchurchB G Walker, Christchurch