New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Benefit from criminal activity

Legal area

Court

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.
28 Sept 2016

THE COMMISSIONER OF POLICE v CHENG [2016] NZHC 2304

Citation

[2016] NZHC 2304
Court

High Court

The Court held there were reasonable grounds to restrain $46,925 under s 24 as proceeds of Thomas Cheng's alleged drug offending, and separately that there were reasonable grounds under s 25 to believe William Cheng had unlawfully benefitted from significant criminal activity (tax evasion) and that the restrained account monies were his; accordingly the entire sum of $74,024.35 was properly restrained and the application to release or vary on hardship grounds was declined.