New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court‑approved settlement

Legal area

Court

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.
11 May 2016

COMMISSIONER OF POLICE v CATLEY & ORS [2016] NZHC 945

Citation

[2016] NZHC 945
Court

High Court

The Court approved the settlement because it met s95(3): it is consistent with the Act's purposes and the overall interests of justice given the vehicle's low value and damage, significant savings of time and cost, absence of evidence contradicting the respondent's account that the vehicle was purchased prior to involvement in offending, the Commissioner's decision not to pursue profit forfeiture, and the pragmatic need for finality.