THE COMMISSIONER, THE NEW ZEALAND POLICE V TANGITEPU TANGITEPU HC PMN CIV-2012-454-134
There was reasonable cause to believe the respondent could answer questions and produce documents concerning ownership of the two vehicles allegedly purchased with proceeds of crime, and therefore an examination order under s 106 of the Criminal Proceeds (Recovery) Act 2009 was justified and must be granted.
Source-derived case information.
- Citation
- openlaw-554a1259_c7b7_4dd1_a6d0_b6cb3fb2132e.pdf
- Parties
- Applicant: The Commissioner, The New Zealand Police; Respondent: Tangitepu Tangitepu
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 February 2013
- Procedural Posture
- Application Under the Criminal Proceeds (recovery) Act 2009 for an Examination Order / Decision on Application for Examination Order (s 106)
- Outcome
- Examination order granted
- Legal Topics
- Examination Order, Proceeds of Crime, Nominee Ownership, Evidence Production
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Commissioner, The New Zealand Police
Applicant
Tangitepu Tangitepu
Respondent
Procedural Posture
Application Under the Criminal Proceeds (recovery) Act 2009 for an Examination Order / Decision on Application for Examination Order (s 106)
Legal Issues
- 1 Whether an examination order should be granted under s 106 of the Criminal Proceeds (Recovery) Act 2009
- 2 Whether the respondent is a nominee for the true owner of the vehicles
- 3 Whether there is reasonable cause to believe the respondent can answer questions and produce documents relevant to ownership of the vehicles
Ratio Decidendi
There was reasonable cause to believe the respondent could answer questions and produce documents concerning ownership of the two vehicles allegedly purchased with proceeds of crime, and therefore an examination order under s 106 of the Criminal Proceeds (Recovery) Act 2009 was justified and must be granted.
Court Disposition
Examination order granted
Orders
- Examination order granted against Tangitepu Tangitepu under s 106 of the Criminal Proceeds (Recovery) Act 2009 requiring attendance and production of documents relating to the ownership of a Holden Commodore and an Audi A4.
Full Case Text
Judgment text and source record
1 paragraphs
THE COMMISSIONER, THE NEW ZEALAND POLICE V TANGITEPU TANGITEPU HC PMN CIV-2012- 454-134 [25 February 2013]IN THE HIGH COURT OF NEW ZEALANDPALMERSTON NORTH REGISTRYCIV-2012-454-134[2013] NZHC 313IN THE MATTER OF an application for an examination orderunder s 106 of the Criminal Proceeds(Recovery) Act 2009BETWEEN THE COMMISSIONER, THENEW ZEALAND POLICEApplicantAND TANGITEPU TANGITEPURespondentAppearances: (On the papers)Judgment: 25 February 2013DECISION OF WILLIAMS J (ON APPLICATION FOR EXAMINATION ORDER)In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 4.30pm on the 25th February 2013.[1] The Commissioner of Police applies for an examination order against Tangitepu Tangitepu, the registered owner of two vehicles, a Holden Commodore and Audi A4.[2] The application arises from Operation Stamp which saw several members of the Tribesmen/Rebels Motorcycle Gang and a member of the Mongrel Mob convicted and imprisoned for lengthy periods.[3] The police have reason to believe that the two vehicles in question were bought with proceeds from the sale of drugs within the penumbra of Operation Stamp and that the respondent, Mr Tangitepu, is in fact a mere nominee of Craig Matthews, the central figure in Operation Stamp.[4] I am satisfied that the Commissioner of Police has reasonable cause to believe that Tangitepu Tangitepu will be in a position to answer the questions in relation to these matters, to supply information or to produce documents demonstrating the true owner of the vehicles.[5] The examination order is granted accordingly.___________________________Williams J