16 Jun 2023
COMMISSIONER OF POLICE v AVERY & OR [2023] NZHC 1513
- Citation
- [2023] NZHC 1513
- Court
- High Court
Detective Forrest's affidavit provided sufficient admissible circumstantial evidence (large concealed cash sums, ESR drug results, encrypted communications, unexplained bank deposits and timing of communications) to establish on the balance of probabilities reasonable grounds that the listed items were tainted property and that the respondents unlawfully benefited from significant criminal activity; therefore interim restraining orders under the Criminal Proceeds (Recovery) Act 2009 were warranted and the property was to be placed under the Official Assignee's custody pending further order.