THE SOLICITOR GENERAL OF NEW ZEALAND V BELL AND ANOR HC TAU CIV 2004-470-000187

THE SOLICITOR GENERAL OF NEW ZEALAND V BELL AND ANOR HC TAU CIV 2004-470-000187 20 October 2005IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV 2004-470-000187IN THE MATTER OF an application pursuant to Sections 8 and 15 of the Proceeds of Crime Act 1991 BETWEEN THE SOLICITOR GENERAL OF NEW ZEALAND Applicant AND HEATH GREGORY BELL First Respondent AND TEA CUSTODIANS (PACIFIC) LIMITED Second Respondent AND BELL ORCHIDS LIMITED Third Party Hearing: 9 September 2005 (Heard at ROTORUA) Appearances: Mr D McWilliam for Crown Mr A C Balme for First Respondent Mr W T Nabney for Third Party Judgment: 20 October 2005FINAL JUDGMENT OF VENNING JSolicitors: Crown Solicitor, Tauranga M McCarty, Tauranga Lyon O'Neale Arnold, Tauranga Copy to: A C Balme, Tauranga W T Nabney, Tauranga Tea Custodians (Pacific) Limited[1] The interim judgment delivered on 19 September 2005 refers. [2] In particular counsel advise they have not been able to agree on a compromise position as suggested in para [55] of that judgment. [3] In the circumstances the findings that were indicated in the interim judgment will be confirmed as final.Result/Orders(1) The Solicitor-General's application for an order forfeiting the first respondent's interest in the property at 207C Peers Road is dismissed. (2) There will be an order forfeiting to the Solicitor-General the land at 158 Peers Road, more particularly described in Certificate of Title 63D/48 South Auckland Registry, being Lot 2 on Deposited Plan S.81262 (the property). (3) The Official Assignee is directed to take control of the property and to sell it pursuant to sections 15 and 54 of the Act. (4) Pursuant to section 15 (4) of the Act, the current valuation of the subject property is $350,000.00. (5) That the second respondent's interest pursuant to its registered mortgage be paid to it by the Official Assignee from the proceeds of sale of the property. (6) It is declared that Bell Orchids Limited's interest in the property is in the nature of a bare licence to use the land. It has no value that requires recognition other than the declaration of that interest.(7) The Official Assignee is to give Bell Orchids Limited a period of three months notice prior to settlement of the sale of the property to enable Bell Orchids Limited to remove its structures from the property. (8) Leave is reserved to seek such further orders that may be required to implement the above . [4] Costs reserved. __________________________ G J Venning J