New Zealand Case Law: Decisions & Judgments

Topic

Unexplained wealth

Legal area

Court

28 Nov 2023

COMMISSIONER OF POLICE v PULLEN [2023] NZHC 3398

Citation

[2023] NZHC 3398
Court

High Court

In the absence of any credible, evidentially supported explanation and given the contextual indicators (cash alongside methamphetamine, absence of drug-use paraphernalia, inconsistency with declared income and bank records, and presence of unlawfully held firearms), the court is satisfied on the balance of probabilities that the $17,355 was derived from significant criminal activity (supply of methamphetamine) and is therefore tainted property subject to forfeiture.
30 Sept 2022

COMMISSIONER OF POLICE v FARQUHAR [2022] NZHC 2506

Citation

[2022] NZHC 2506
Court

High Court

The Court accepted the police evidence of cultivation, seized drugs and cash and the financial analysis showing unexplained deposits and proceeds; those materials gave reasonable grounds to conclude 14 Mulford Street was an instrument of crime and that the respondent had unlawfully benefited (estimated not less than $165,000), and accordingly the restraining orders in the draft were granted.
17 Jul 2019

COMMISSIONER OF POLICE v HINES [2019] NZHC 1668

Citation

[2019] NZHC 1668
Court

High Court

The Court approved the settlement because the only restrained asset attributable to the fifth respondent (the Harley Davidson) would be realised for the Crown, a profit forfeiture order would likely far exceed recoverable assets and be unsatisfiable, and the settlement is consistent with the Act's purposes and the overall interests of justice by providing a pragmatic, certain, and cost‑effective resolution.
6 Apr 2016

COMMISSIONER OF POLICE v FOTU [2016] NZHC 577

Citation

[2016] NZHC 577
Court

High Court

On the balance of probabilities the intercepted communications, discovery of large sums of cash concealed in the car, additional cash and incriminating items at the respondent's address, the absence of legitimate income records to explain the assets and inconsistent, unsubstantiated accounts about the vehicle purchase established that the cash and the Dodge motor vehicle were tainted property and an assets forfeiture order should be made vesting those assets in the Crown under the Criminal Proceeds (Recovery) Act 2009.

New Zealand Case Law

COMMISSIONER OF POLICE v PULLEN [2023] NZHC 3398

COMMISSIONER OF POLICE v FARQUHAR [2022] NZHC 2506

COMMISSIONER OF POLICE v HINES [2019] NZHC 1668

COMMISSIONER OF POLICE v FOTU [2016] NZHC 577