New Zealand Case Law: Decisions & Judgments

Topic

Unlawful gains

Legal area

Court

23 May 2023

COMMISSIONER OF POLICE v KRISHNAN [2023] NZHC 1207

Citation

[2023] NZHC 1207
Court

High Court

The Court approved the consent settlement under s 95 because it was consistent with the Act's purpose to forfeit property derived from crime and with the interests of justice: the respondent admitted unlawful benefit and had pleaded guilty, the settlement forfeits the full unlawful benefit, protects the innocent co‑owner by allowing a chance to raise funds by borrowing, and avoids further cost and delay.
8 Nov 2016

COMMISSIONER OF POLICE v ANTOLIK [2016] NZHC 2649

Citation

[2016] NZHC 2649
Court

High Court

On the available evidence there were reasonable grounds to believe the respondent unlawfully benefited from significant criminal activity and that the proceeds of sale of Eban Avenue were tainted: multiple indicators (large-scale ecstasy importation and pill dealings, substantial unexplained cash deposits contemporaneous with the offending period, absence of legitimate income, and cumulative circumstantial inference) met the statutory reasonable-grounds threshold for an interim restraining order.
2 Jul 2015

THE COMMISSIONER OF POLICE v LARSEN [2015] NZHC 1520

Citation

[2015] NZHC 1520
Court

High Court

On the affidavit evidence of Detective Watt the Court was satisfied there were reasonable grounds to believe the specified properties and funds were tainted property under s24 and that the respondents had unlawfully benefited in excess of $30,000 under ss6 and 25 of the Criminal Proceeds (Recovery) Act 2009; accordingly a without-notice restraining order was granted over the identified assets, subject to lapse after seven days if not continued on notice.

New Zealand Case Law

COMMISSIONER OF POLICE v KRISHNAN [2023] NZHC 1207

COMMISSIONER OF POLICE v ANTOLIK [2016] NZHC 2649

THE COMMISSIONER OF POLICE v LARSEN [2015] NZHC 1520