New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Effective control as interest (s58)

Legal area

Court

2 May 2023

ZHOU v COMMISSIONER OF POLICE [2023] NZCA 137

Citation

[2023] NZCA 137
Court

Court of Appeal

Appellant failed to rebut the s53 presumption; the Commissioner's $2,214,000 valuation was a reasonable, conservative assessment supported by guilty plea facts and police data; no impermissible double recovery given NZ statutory scheme and evidence of separate roles and wholesale pricing; appellant failed to prove undue hardship under s56; appeal dismissed and profit forfeiture orders upheld.
20 Nov 2020

COMMISSIONER OF POLICE v JAMES [2020] NZHC 3075

Citation

[2020] NZHC 3075
Court

High Court

On the balance of probabilities the respondent engaged in manufacture and supply of methamphetamine; the $400,000 cash found with manufacturing equipment and the payments and cash-funded renovations increasing equity in 158B Sunset Road were derived from that significant criminal activity; both the cash and Sunset Road are therefore tainted property and an assets forfeiture order must be made vesting those interests in the Crown; a profit forfeiture order was unnecessary because the assets forfeited exceed the claimed unlawful benefit.