18 Apr 2016
The Court granted the Crown's application for a six month extension of the restraining orders despite the late application because of the prior history of extensions, the Crown's need for time to pursue settlement or further applications, and the Court's discretion to balance prejudice and case management needs; a timetable for further applications and responses was set.
20 Jun 2013
On the balance of probabilities the Crown established derived benefits of $10,200 (admitted money laundering), $3,500 (methamphetamine offers assumed to have resulted in sales) and $940 (cannabis offers assumed to have resulted in sales) yielding a pecuniary penalty of $14,640 under s25; the Crown failed to prove effective control of the motorcycle by respondent under s29(1) so the s29(3) declaration was refused.
4 Aug 2011
The court exercised its discretion under the Proceeds of Crime Act and ordered a pecuniary penalty equal to the respondent's half-share in the jointly owned property at 5 Rawene Avenue, Westmere, finding no compelling grounds (including undue hardship or BORA s9 proportionality) to reduce the penalty; the Official Assignee is to sell the property to satisfy the penalty, with a family option to purchase the half-share for NZD 600,000, and costs to be paid from proceeds.
27 Sept 2010
The court exercised its r11.9 discretion to recall and amend its substantive judgment to correct identifiable errors and omissions in the property schedule and paragraph [85]; specific corrections were made so that asset categorizations (forfeited or available to meet the pecuniary penalty) accurately reflect vesting and s29(3) directions, and the amended record will be drawn up and sealed accordingly.
18 Sept 2009
The Court accepted that the respondent derived benefit from the offending and that benefit may be assessed on a gross receipts basis (conservatively assessed at $624,000) under s27, but exercised its discretion under s25 to limit the pecuniary penalty to the amount the respondent can pay (the funds held by the Official Assignee), directing payment to the Crown and creating a statutory charge under s55; no deduction made for the $3,000 previously forfeited.