26 Aug 2015
COMMISSIONER OF POLICE v BURGESS [2015] NZHC 2026
- Citation
- [2015] NZHC 2026
- Court
- High Court
The Court held that the Commissioner must state a finite value under s 52(c) and treated the presumed value as capped at $2,031,180; items acquired before the relevant period or lacking provenance must be released from restraint; a living allowance validly granted may later be used by the recipient to pay legal fees and cannot be ordered repaid merely for that reason; therefore specified items were discharged from restraint and the application to cancel and repay the living allowance was dismissed.
- Restraining orders
- Profit forfeiture
- Assets forfeiture
- Living expenses allowance under restraining orders
- Statutory interpretation of s 52(c) and s 28
- Admissibility of hearsay on interlocutory applications