THE COMMISSIONER, THE NEW ZEALAND POLICE V ROBERT ANTHONY DALESZAK HC GIS CIV-2011-416-199
The transactions described in the applications provided reasonable grounds for the Commissioner to believe the respondents could answer questions and produce documents relevant to recovery of criminal proceeds, and therefore examination orders should be made.
Source-derived case information.
- Citation
- openlaw-5ae2761c_8a29_4059_b5e8_1da4e5c9e8c9.pdf
- Parties
- Applicant: The Commissioner, the New Zealand Police; Respondent: Robert Anthony Daleszak; Respondent: Barbara Clare Daleszak; Respondent: Natalie Anna Daleszak
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 February 2013
- Procedural Posture
- Examination Orders Application / Judgment on the Papers
- Outcome
- Examination orders granted
- Legal Topics
- Examination Orders, Recovery of Criminal Proceeds, Search Warrant, Cultivation of Cannabis, Section 347 Discharge
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Commissioner, the New Zealand Police
Applicant
Robert Anthony Daleszak
Respondent
Barbara Clare Daleszak
Respondent
Natalie Anna Daleszak
Respondent
Procedural Posture
Examination Orders Application / Judgment on the Papers
Legal Issues
- 1 Whether there were reasonable grounds to believe the respondents could answer questions relevant to recovery of criminal proceeds
- 2 Whether examination orders should be granted to enable production of documents and answers about specified assets and the means of property purchase
Ratio Decidendi
The transactions described in the applications provided reasonable grounds for the Commissioner to believe the respondents could answer questions and produce documents relevant to recovery of criminal proceeds, and therefore examination orders should be made.
Court Disposition
Examination orders granted
Orders
- Examination orders made for Robert Anthony Daleszak, Barbara Clare Daleszak and Natalie Anna Daleszak to be examined and to produce documents and information regarding a vehicle, a boat, bank or finance company accounts and the means of purchase of 13 Scott Street, Wairoa.
- Registrar to endorse the judgment with delivery time 3.30pm on 25 February 2013 (per r 11.5).
Full Case Text
Judgment text and source record
1 paragraphs
THE COMMISSIONER, THE NEW ZEALAND POLICE V ROBERT ANTHONY DALESZAK HC GIS CIV- 2011-416-199 [25 February 2013]IN THE HIGH COURT OF NEW ZEALANDGISBORNE REGISTRYCIV-2011-416-199[2013] NZHC 311BETWEEN THE COMMISSIONER, THENEW ZEALAND POLICEApplicantAND ROBERT ANTHONY DALESZAKBARBARA CLARE DALESZAKAND NATALIE ANNA DALESZAKRespondents(On the papers)Judgment: 25 February 2013DECISION OF WILLIAMS J (ON APPLICATIONS FOR EXAMINATION ORDERS)In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 3.30pm on the 25th February 2013.[1] The Commissioner of Police applies for examination orders in respect of Robert Anthony Daleszak, his wife Barbara Clare Daleszak, and their daughter Natalie Anna Daleszak.[2] Robert Anthony Daleszak was charged with and convicted of cultivating cannabis following the execution of a search warrant at this address at 13 Scott Street, Wairoa. He was sentenced to 200 hours community work. Barbara Clare Daleszak was also charged but she was discharged under s 347. The police also executed a search warrant at 53A Taradale Road, Marewa in Napier, the address of Natalie Anna Daleszak. A cannabis grow was found there. Ms Daleszak was notcharged, but her partner Joseph Clark was charged with cultivation and he plead guilty.[3] The police now wish to examine all three individuals in relation to a vehicle, a boat, bank or finance company accounts and the means by which the purchase of the property at 13 Scott Street, Wairoa was effected.[4] The various transactions described in the applications provide reasonable grounds for the Commissioner to believe that the respondents will be in a position to answer questions relevant to the recovery of criminal proceeds, to supply information or produce documents to that end.[5] The orders are made accordingly.___________________________Williams J