New Zealand Case Law: Decisions & Judgments

Topic

Assets forfeiture

Legal area

Court

10 Nov 2023

COMMISSIONER OF POLICE v BAYLIS [2023] NZHC 3014

Citation

[2023] NZHC 3014
Court

High Court

An early sale order for one property (76A Frankleigh Street) was justified to preserve the equity and value of restrained property because mortgage arrears were increasing, rental income did not meet mortgage obligations, the owner had no realistic means to stop further arrears, and delay until the substantive forfeiture hearing would likely result in erosion of equity and possible mortgagee action; accordingly the Official Assignee was directed to sell 76A and apply proceeds to sale costs then repayment of the cross-collateralised mortgage (MHTCL/ASB) with remainder held on deposit under res…
3 Oct 2023

CoP v YANG & ANOR [2023] NZHC 2765

Citation

[2023] NZHC 2765
Court

High Court

The Court approved the settlement because it was consistent with the purposes of the Act and the overall interests of justice: the restrained assets will be realised for the Crown, the value forfeited is appropriate given the scale of alleged offending, and settlement avoids the costs and risks of contested proceedings while acknowledging practical difficulties in pursuing profit forfeiture.
30 May 2023

COMMISSIONER OF NEW ZEALAND POLICE v HE [2023] NZHC 1326

Citation

[2023] NZHC 1326
Court

High Court

The Court approved the settlement under s95 because forfeiture of the Honda vehicle's sale proceeds was consistent with the Act's purposes and the overall interests of justice: the vehicle was likely tainted by significant drug offending, settlement avoided disproportionate time and cost to pursue contested proceedings (including a potential profit forfeiture claim), there were no other substantial assets to realise, and the parties agreed terms including abandonment of claims and the Commissioner not pursuing profit forfeiture; accordingly an assets forfeiture order for the sale proceeds (ap…
21 Apr 2023

COMMISSIONER OF POLICE v LIU [2023] NZHC 894

Citation

[2023] NZHC 894
Court

High Court

The Court approved the s95 settlement and made an assets forfeiture order because the Commissioner demonstrated on the balance of probabilities that the cash was tainted property derived from significant criminal activity and the settlement was consistent with the statutory purposes and the overall interests of justice.
19 Apr 2023

KIWI v COMMISSIONER OF POLICE [2023] NZCA 106

Citation

[2023] NZCA 106
Court

Court of Appeal

Leave to adduce further evidence was declined because the affidavit was not fresh or cogent; the High Court's finding that 135 Kairua Road was purchased with proceeds of methamphetamine dealing is upheld and forfeiture stands; the CPRA can operate to permit assets forfeiture orders in respect of Māori freehold land subject to the protective alienation regime in Te Ture Whenua Māori Act when the Official Assignee disposes of vested land; however an assets forfeiture order cannot be made in respect of a fixture (a house affixed to land) as such improvements are not severable recognised estates…
18 Apr 2023

COMMISSIONER OF POLICE v MARSHALL [2023] NZHC 806

Citation

[2023] NZHC 806
Court

High Court

The court approved the parties' consent settlement because it was consistent with the Act's primary purpose and the overall interests of justice; the court will not second‑guess a parties' agreed quantification of unlawfully derived income absent inconsistency with the Act or the interests of justice.
18 Mar 2022

LI v COMMISSIONER OF POLICE [2022] NZHC 514

Citation

[2022] NZHC 514
Court

High Court

The Court held that the CPRA settlement and resulting assets forfeiture did not operate to discharge or be attributed as payment of tax assessments; the settlement did not bind the Commissioner of Inland Revenue because IRD was not a party and the settlement expressly stated it had no bearing on IRD, forfeited assets vested absolutely in the Crown and were not held on trust for plaintiffs or IRD, and the plaintiffs' declarations were refused while declarations requested by CIR confirming the forfeiture and restraining orders were not intended to meet tax debts and did not prohibit IRD collect…
16 Dec 2021

THE COMMISSIONER OF POLICE v HADFIELD [2021] NZHC 3506

Citation

[2021] NZHC 3506
Court

High Court

On the material filed (including affidavits subsequently sworn) and given the respondent's lack of opposition and valid service, the cash was established as tainted property under the Criminal Proceeds (Recovery) Act 2009 and an assets forfeiture order was warranted; accordingly the Court made the assets forfeiture order and accepted the affidavits for filing under r 9.73(4).
2 Dec 2021

HUNT v COMMISSIONER OF POLICE [2021] NZCA 644

Citation

[2021] NZCA 644
Court

Court of Appeal

The Court admitted the Commissioner's further evidence; dismissed the Trustees' appeal re 180 Foreman because the Trust's terms (powers of appointment and Mr Hunt's effective control) meant Mr Hunt had an interest that prevented severance under s30; allowed the appeal of Mr Hunt and Ms Pue in relation to 31 Leyton Place and the cash and discharged those restraining orders because continued restraint was disproportionate to the Commissioner's asserted unlawful benefit and there was no High Court finding that the property was tainted; costs allocated as set.
17 Sept 2021

COMMISSIONER OF POLICE v KIWI [2021] NZHC 2457

Citation

[2021] NZHC 2457
Court

High Court

Court found on balance of probabilities that 135 Kairua Road, two motor vehicles and two cash sums were funded by proceeds of methamphetamine dealing and are tainted property requiring forfeiture under s50 CPRA; the house at 224A Kairua Road, although funded with illicit proceeds, is a fixture on Māori freehold land and cannot be forfeited by the High Court because Te Ture Whenua Māori Act (specialized regime) governs alienation of Māori land and prevails over the CPRA in that domain.