New Zealand Case Law: Decisions & Judgments

Topic

Criminal proceeds (recovery) act 2009

Legal area

Court

1 Dec 2023

SLESSOR v COMMISSIONER OF POLICE [2023] NZCA 612

Citation

[2023] NZCA 612
Court

Court of Appeal

The illegality principle did not bar forfeiture because (1) police misconduct was modest and not in bad faith and retention was overlooked, (2) the cash was derived from supply/manufacture of methamphetamine so appellant had no legitimate moral claim, (3) forbearing forfeiture would be disproportionate and contrary to the Act's statutory purpose of depriving criminals of unlawful benefits, and (4) the proposed fresh evidence lacked credibility and was refused; accordingly the appeal was dismissed and forfeiture upheld.
14 Sept 2023

SIU JUN ZHOU v COMMISSIONER OF POLICE [2023] NZSC 124

Citation

[2023] NZSC 124
Court

Supreme Court

Extension of time granted but leave to appeal dismissed because the applicants sought to advance a novel argument that was not raised or argued in the High Court or Court of Appeal, the case was litigated on concessions inconsistent with the new argument, and no miscarriage of justice arises to justify granting leave.
5 Sept 2023

COMMISSIONER OF POLICE v ROYCE ALLAN DUNCAN [2023] NZHC 2482

Citation

[2023] NZHC 2482
Court

High Court

The Court granted leave because a profit forfeiture order creates an enforceable debt recoverable by the Official Assignee and the statutory scheme (s55(4), s83(4)) together with the Court of Appeal in Harrison permit the Official Assignee to recover by any lawful means regardless of whether the funds were specified at the time of the order; the provenance of the seized cash was therefore irrelevant and the circumstances of seizure (cash found with a pistol, drugs and paraphernalia) undermined the respondent's account.
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…
28 Feb 2022

COMMISSIONER OF POLICE v FARRELL [2022] NZHC 310

Citation

[2022] NZHC 310
Court

High Court

Given the probable depreciation of the BMW over the estimated period (at least 18 months) until forfeiture proceedings are resolved, the absence of evidence that the vehicle has special value that would prevent depreciation, and the ongoing costs of storage, maintenance and insurance, a sale order under s35 was necessary to preserve its value; accordingly the Official Assignee was ordered to sell and hold net proceeds.
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.
8 Oct 2021

COMMISSIONER OF POLICE v LAW [2021] NZCA 517

Citation

[2021] NZCA 517
Court

Court of Appeal

Considering all relevant strands of circumstantial evidence together — the respondent's demonstrably false and inconsistent explanations, possession of valuable gold bars together with burglary tools while committing a burglary, failure to produce documentary evidence, and failure to oppose the application — the Court was satisfied on the balance of probabilities the gold bars were acquired from significant criminal activity and therefore constituted tainted property, warranting an asset forfeiture order vesting the bars in the Crown.
5 Aug 2021

THE COMMISSIONER, NEW ZEALAND POLICE v MARTIN [2021] NZHC 2006

Citation

[2021] NZHC 2006
Court

High Court

The Court approved the agreed forfeiture because the respondent admitted the funds were tainted and the proposed settlement satisfied s95(3) CPRA as consistent with the statute's purposes and the overall interests of justice; accordingly an asset forfeiture order was made pursuant to ss50 and 59(1).
22 Jul 2021

COMMISSIONER OF POLICE v ROBINSON [2021] NZHC 1856

Citation

[2021] NZHC 1856
Court

High Court

Court found overall delay significant but largely excusable given the respondents' consent to await criminal proceedings, bona fide settlement negotiations, file transfer and necessary examination; unexplained communication failure for approximately one year was noted but insufficient on its own; respondents failed to establish prejudice so serious that a fair trial is impossible because primary witnesses and documentary evidence remain largely available; application to dismiss or stay was dismissed.
10 Jun 2021

THE COMMISSIONER OF POLICE v BRIDGER [2021] NZHC 1360

Citation

[2021] NZHC 1360
Court

High Court

Commissioner proved on the balance of probabilities that both respondents unlawfully benefited from significant methamphetamine supply activity and the statutory presumption of value in the application ($96,920) was unrebutted; respondents had interests (effective control) in the identified motorcycles and vehicle; therefore the Court was obliged under s55 to make profit forfeiture orders specifying the listed property to be realised and applying proceeds up to the maximum recoverable amount of $96,920.