6 Nov 2020
POLICE v WISELY [2020] NZHC 2941
- Citation
- [2020] NZHC 2941
- Court
- High Court
The Court found the Commissioner proved on the balance of probabilities that the respondent unlawfully benefited from significant criminal activity and the statutory presumption under s53 was not rebutted. The Court accepted the Commissioner's conservative valuation of methamphetamine proceeds at $201,537.50 and cannabis proceeds at $23,400 (total $224,937.50), deducted prior forfeited cash of $25,110 to determine a maximum recoverable amount of $199,827.50, refused s56 undue hardship relief, and ordered profit forfeiture of the respondent's Circle Hill property to satisfy the recoverable amo…