New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Benefit valuation

Legal area

Court

21 Nov 2023

COMMISSIONER OF POLICE v SNOW [2023] NZHC 3310

Citation

[2023] NZHC 3310
Court

High Court

The court approved the s95 settlement because it was consistent with the Act's purposes and the overall interests of justice; the settlement was a pragmatic compromise given the low residual value, saved time and cost, and appropriately imposed a profit forfeiture order of $28,173.40 plus accrued interest while releasing $3,000 to the second respondent.
16 Mar 2022

COMMISSIONER OF NEW ZEALAND POLICE v MCMAHON [2022] NZHC 483

Citation

[2022] NZHC 483
Court

High Court

Because the respondent was shown on the balance of probabilities to have unlawfully benefited from significant criminal activity to the value of $470,000, no prior asset forfeiture reduced that amount, no undue hardship claim was advanced, and the respondent has interests in specified property, the High Court was required to make a profit forfeiture order for the maximum recoverable amount of $470,000 and to order realization of the listed assets.