20 Jun 2023
The Court approved the consent settlement because it was consistent with the purposes of the Act and the overall interests of justice, supported by evidence that the property was tainted and given the absence of identified substantial additional assets to satisfy a profit forfeiture order, and because the settlement reasonably conserved resources and avoided litigation risk.
26 Apr 2023
On the evidence the Court was satisfied on the balance of probabilities that the $23,920 cash was directly or indirectly derived from the respondent's supply of methamphetamine and, because s50(1) mandates forfeiture where property is tainted, an assets forfeiture order was required and made vesting the cash (and accrued interest) in the Crown.
9 Mar 2023
Given the combination of physical evidence from the search, intercepted communications arranging drug sales, the denomination and location of cash, unexplained substantial cash deposits in the respondent's bank account, and the respondent's convictions for supply-related offences, it was more probable than not that the $25,305 was derived from supply of methamphetamine and/or cannabis and therefore constituted tainted property obliging the Court to make an assets forfeiture order under s50(1).
6 Mar 2023
The court was satisfied on the balance of probabilities under s50 that the $82,610 cash was tainted property because it was found alongside controlled drugs and dealing paraphernalia, supported by communications and the respondent's history of drug-dealing and absence of legitimate income; no applicable exception in s50(4) prevented mandatory forfeiture, so the Court must and did order forfeiture.
9 Feb 2023
Because the respondent expressly consented and the evidence satisfied the Court on the balance of probabilities that each listed item was tainted property under ss 5 and 6 of the Criminal Proceeds (Recovery) Act 2009, the Court made an assets forfeiture order in respect of the specified assets and dismissed the application for a profit forfeiture order.
30 Nov 2022
On the balance of probabilities the Court found that renovations to 31 Vickerys Road and purchases (including the Night Rod) were funded in part by proceeds of significant criminal activity (methamphetamine supply, vehicle taxings/theft and unlawful gambling), that the cash seized from unlicensed gaming machines comprised tainted proceeds exceeding the $30,000 significant-activity threshold, and that no undue hardship exception under s51 applied; accordingly the Court was required to make assets forfeiture orders vesting the named property and items in the Crown and directing their sale with…
12 Sept 2022
On the balance of probabilities the cash was acquired as a result of or derived from significant criminal activity given the respondent's gang association, prior drug convictions, presence of drugs and paraphernalia, indicia of dealing (notebook, multiple phones), travel consistent with drug activity, and absence of legitimate banking or IR records; accordingly an assets forfeiture order was mandatory under s50 and was made vesting the $200,040 in the Crown.
21 Jul 2022
Second respondent's convictions and detailed SARU forensic accounting established unlawful benefit from significant criminal activity of at least $350,000 which respondents failed to rebut on the balance of probabilities; third respondent failed to establish undue hardship and was found to have been wilfully blind to cash flows through his accounts; accordingly a profit forfeiture order for a recoverable amount of $350,000 is appropriate and the Sefton property (subject to mortgage) and $2,800 cash are to be realised; exclusion applications dismissed.
6 Jul 2022
On the balance of probabilities the house and the remaining sale proceeds of the Ford Ranger were acquired wholly or partly from proceeds of the family's drug offending; the transfer of the house to the respondent did not cure the taint and constituted dealing with proceeds (money laundering or equivalent), therefore both items are tainted property and an assets forfeiture order must be made.
2 Jun 2022
On the balance of probabilities the respondent unlawfully benefited from significant criminal activity in the assessed period and obtained an unlawful benefit of NZD 242,732.49; payments of rates and maintenance of mortgage obligations from unexplained cash directly and indirectly tainted X Street, Z Street, and the adjoining Y property and NZD 6,000 cash and those properties therefore vest in the Crown under the Act; the Mitsubishi Mirage was tainted to a limited extent but the interested party (Eyles) proved he had an interest and did not unlawfully benefit and is granted relief from forfei…