New Zealand Case Law: Decisions & Judgments

Topic

Sale of restrained property

Legal area

Court

19 Oct 2023

THE COMMISSIONER OF POLICE v ROWAN [2023] NZHC 2939

Citation

[2023] NZHC 2939
Court

High Court

The application to sell was declined because the motorcycle had been recently restrained, evidence did not establish an imminent risk of depreciation, the respondent displayed a legitimate sentimental interest, and there was a realistic prospect the criminal proceedings would be resolved in the near term (March 2024); accordingly preservation rather than sale was appropriate, subject to the Commissioner being granted leave to reapply if circumstances change.
9 Dec 2020

THE COMMISSIONER OF POLICE v BRACKEN [2020] NZHC 3246

Citation

[2020] NZHC 3246
Court

High Court

The Court was satisfied there were reasonable grounds to treat $1,094,000 deposited into the parents' accounts as tainted property and granted an on-notice restraining order; the trailer and boat were ordered treated as under the effective control of the first respondent under s 58 given corroborating evidence including payment, insurance and admissions; and the Official Assignee was directed under s 35 to sell the two vehicles and the boat and trailer to prevent further depreciation and storage costs. Challenges based on trust beneficiary rights and the asserted warrant defects did not defea…
3 Jul 2019

COMMISSIONER OF POLICE v MILOSEVIC [2019] NZHC 1554

Citation

[2019] NZHC 1554
Court

High Court

For each asset (other than the AC Cobra) the court ordered sale under s 34 because the combination of likely depreciation and significant storage/holding costs during an extended period before forfeiture resolution outweighed respondents' asserted interests; ownership disputes do not preclude sale because proceeds remain restrained and can be adjudicated later; the Cobra was excepted because evidence suggested it might retain or gain value and is relatively uncommon so storage costs did not justify sale.
28 Jun 2019

COMMISSIONER OF POLICE v PARKER [2019] NZHC 1506

Citation

[2019] NZHC 1506
Court

High Court

The Court held it is not limited to ordering sale only under s 35(e)(v) and may order sale under s 34 to preserve the potential net realisation value of restrained assets; holding costs (storage, insurance, maintenance, registration) and likely depreciation are relevant and may justify sale where they materially diminish eventual net proceeds; IRD depreciation schedules are acceptable indicia of depreciation absent contrary evidence; alternative storage at respondents' premises cannot be treated as a basis to refuse sale without a specific application demonstrating the Official Assignee would…
18 Jun 2018

COMMISSIONER OF POLICE v PETERSEN & ORS [2018] NZHC 1456

Citation

[2018] NZHC 1456
Court

High Court

The Court was satisfied there were reasonable grounds to believe JET205 and the proceeds from GBF943 were tainted or represented unlawful benefits from significant criminal activity given intercepted communications, tracking data, the discovery of a large cash cache, and circumstantial evidence that JET205 was left as security for drugs; accordingly restraining orders were justified and the Official Assignee was authorised to sell JET205 with priority payment to UDC up to the registered debt and remaining proceeds held pending resolution.
14 Jun 2018

COMMISSIONER OF POLICE v PAORA & ORS [2018] NZHC 1419

Citation

[2018] NZHC 1419
Court

High Court

The court was satisfied on the material (interceptions, surveillance, undercover purchases, cash tracing and searches) that there were reasonable grounds to believe the respondents were involved in significant criminal activity and that the specified property was tainted or represented benefits from that activity; accordingly, restraining orders were justified and the Official Assignee was to control the property and authorised to sell the Chevrolet Impala with proceeds held in trust pending resolution.
12 Feb 2018

THE COMMISSIONER, THE NEW ZEALAND POLICE v BLANCE [2018] NZHC 108

Citation

[2018] NZHC 108
Court

High Court

On the evidence adduced (surveillance, intercepted communications and patterns of possession), the Court is satisfied on the balance of probabilities that there are reasonable grounds to believe the 2003 Ford Falcon was in Walker's control and tainted, and that the 1984 Pontiac Firebird and 1967 Chevrolet Impala were in Blance's control; accordingly restraining orders are justified for all three vehicles. Applying s35(e)(v), sale is ordered only for the Pontiac because that aligns with the owner's wish to sell and avoids holding costs that risk eroding recovery; sale of the Falcon and Impala…
11 May 2016

COMMISSIONER OF POLICE v CATLEY & ORS [2016] NZHC 945

Citation

[2016] NZHC 945
Court

High Court

The Court approved the settlement because it met s95(3): it is consistent with the Act's purposes and the overall interests of justice given the vehicle's low value and damage, significant savings of time and cost, absence of evidence contradicting the respondent's account that the vehicle was purchased prior to involvement in offending, the Commissioner's decision not to pursue profit forfeiture, and the pragmatic need for finality.
4 Jun 2015

COMMISSIONER OF POLICE v EVANS [2015] NZHC 1240

Citation

[2015] NZHC 1240
Court

High Court

The court ordered sale of the Harley Davidson motorcycle because evidence (comparative market data, Turners valuations and depreciation rates) demonstrated ongoing decline in value and storage costs that would reduce recoverable proceeds, satisfying s 35(e)(v); the court declined sale of the Holden Monaro because evidence showed it was a superior/rarer manual model with low mileage and market estimates indicating its value had not declined and could be maintained or appreciate, and storage costs alone did not satisfy the requirement for sale under the section.
25 May 2015

THE COMMISSIONER OF THE NEW ZEALAND POLICE v VEEVERS [2015] NZHC 1126

Citation

[2015] NZHC 1126
Court

High Court

Costs awarded to the Commissioner on a 2B basis because he largely succeeded; award reduced by 25% to reflect partial failure (declined sale of the motor vehicle), resulting in $8,134.12 to be paid by the respondents.