THE COMMISSIONER, NEW ZEALAND POLICE v STEVEN ALBERT BLANCE [2019] NZHC 2225

THE COMMISSIONER, NEW ZEALAND POLICE v STEVEN ALBERT BLANCE [2019] NZHC 2225 [5September 2019]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2017-485-197[2019] NZHC 2225UNDER the Criminal Proceeds (Recovery) Act 2009IN THE MATTER of an application pursuant to sections 21, 25and 58BETWEEN THE COMMISSIONER, NEW ZEALANDPOLICEApplicantAND STEVEN ALBERT BLANCEFirst RespondentAND JASON LANCE WALKERSecond RespondentAND TRACEY MELANIE SNOOKFirst Interested PartyAND THE CO-OPERATIVE BANK LIMITEDSecond Interested PartyAND HAYLEY KINI-WAI KIRWANThird Interested PartyAND TANYA MICHELLE GRACEFifth Interested PartyAND ROBERT SHANE BROMLEYSixth Interested PartyAND KARL WILLIAM GRUEBNERSeventh Interested PartyAND DAVID ALASTAIR MINKEEighth Interested PartyOn the papers:Counsel: S B McCusker for ApplicantJudgment: 5 September 2019JUDGMENT OF CHURCHMAN J[1] On 12 April 2017, the Commissioner applied for restraining and effectivecontrol orders in relation to seven different motor vehicles, a speed boat, two outboardmotors and boat trailer, and a further outboard motor.[2] The various vehicles and items were either registered in the names of, or underthe control of, various different people who are listed as interested parties to theseproceedings.[3] Some of the applications were opposed and at least one vehicle has been thesubject of a sale order following a defended hearing before Dobson J in February2018.1 Other defended applications are yet to be resolved.[4] In a minute dated 20 August 2019, Grice J made certain timetable orders inrelation to the outstanding defended matters.[5] There are three vehicles as well as an outboard motor in respect of which saleorders have been sought, and there has been no opposition.[6] In her minute of 20 August 2019, Grice J directed that the Commissioner filesubmissions setting out a full background to the application in respect of these vehiclesand outboard motor, confirmation that no opposition had been filed in respect of thesevehicles and outboard motor, and a chronology. Grice J indicated that if this materialwas filed, the applications in respect of these items may be dealt with on the papers.[7] On 3 September 2019, counsel for the Commissioner filed a chronology anddetailed submissions. Also filed was a draft order.1 The Commissioner, New Zealand Police v Blance [2018] NZHC 108.[8] Having reviewed this documentation, I am satisfied that there is no oppositionto the orders sought in respect of the three motor vehicles detailed in the draft order,and the Yamaha outboard motor detailed in the same draft order.[9] I am also satisfied that it is appropriate that orders for sale be made.[10] Accordingly, I direct that, in terms of the draft order filed on 3 September 2019,the three motor vehicles and the outboard motor detailed in [4] of that draft order, areto be sold in accordance with the other provisions of that draft order.Churchman JSolicitors:Crown Solicitor, Wellington for Applicant