New Zealand Case Law: Decisions & Judgments

Topic

Forfeiture orders

Legal area

Court

7 Jun 2023

COMMISSIONER OF POLICE v YANG [2023] NZHC 1412

Citation

[2023] NZHC 1412
Court

High Court

The Court approved the negotiated settlement under s 95(3) because it advanced the Act's purposes and overall interests of justice by realising significant restrained assets for the Crown, reducing litigation and public cost, addressing litigation risk over proprietary claims, and acknowledging that pursuing profit forfeiture against the convicted respondent would be ineffective given his lack of recoverable assets.
17 Feb 2023

COMMISSIONER OF POLICE v WEBB [2023] NZHC 227

Citation

[2023] NZHC 227
Court

High Court

The Court approved the parties' consent settlement under s 95 because the evidence showed the bulk of the seized cash was likely proceeds of drug supply while $8,154.02 was satisfactorily traced to an inheritance; accordingly the Court made an assets forfeiture order by consent under s 50(1) for $79,990.98 and ordered return of $8,154.02 to the respondent.
3 Nov 2022

R v ZAGROS [2022] NZHC 2874

Citation

[2022] NZHC 2874
Court

High Court

Applying Zhang, quantity (3.67kg imported, 4.33kg attempted) placed offending in band five, but role assessment required finding defendant occupied a leading role (or high end of significant). Court fixed a 13-year starting point for the importation offences, uplifted by 2 years for attempted importations (total starting point 15 years), plus 1 year for MDMA supply and 1 year for money laundering to reach a 17-year aggregate starting point. The court then applied a 10% guilty plea discount (21 months) and adjusted for offending while on parole (credit/adjustment equivalent to nine months), pr…
19 Oct 2022

COMMISSIONER OF POLICE v JOHNSON [2022] NZHC 2703

Citation

[2022] NZHC 2703
Court

High Court

The investigator's affidavit provided sufficient evidence that the $11,135 was acquired or derived from significant criminal activity and the respondent was served and acknowledged receipt by email and telephone; therefore the Court ordered the cash to vest absolutely in the Crown and to be placed in the Official Assignee's custody and control.
10 Aug 2022

COMMISSIONER OF POLICE v SWAN [2022] NZHC 1963

Citation

[2022] NZHC 1963
Court

High Court

On the balance of probabilities the Court found both sums of cash were derived from significant criminal activity (methamphetamine dealing) based on their association with drug indicia, links to the respondents by CCTV, forensic evidence, phone/text analysis, bank deposit patterns and prior guilty pleas; accordingly the cash constituted tainted property and an assets forfeiture order was mandatory under s50(1).
1 Dec 2021

COMMISSIONER OF POLICE v SALTER [2021] NZHC 3252

Citation

[2021] NZHC 3252
Court

High Court

On the balance of convenience and fairness the Court will not stay the judgment; the speculative nature and short expected duration of any loss, together with the protective value of the previously ordered undertaking, mean respondents should be protected by the undertaking and the Commissioner must bear the contingent risk rather than permitting restraining orders to continue without that protection. Therefore the stay is refused and the Commissioner must provide the undertaking ordered.
14 Jul 2021

THE COMMISSIONER OF POLICE v DOYLE [2021] NZHC 1783

Citation

[2021] NZHC 1783
Court

High Court

Adjournment granted because respondents credibly demonstrated they could not complete their evidence until mid-September 2021 given complexity, late provision of particulars and limited resources; objections to admissibility and pursuit of leave to appeal did not by themselves justify vacating the fixture, and the balance of prejudice favoured adjournment since restrained assets were unlikely to materially depreciate.
1 Jul 2021

COMMISSIONER OF POLICE v DOYLE & PAPUNI [2021] NZHC 1619

Citation

[2021] NZHC 1619
Court

High Court

Leave to appeal was declined because, on practical evaluation, the originating application together with extensive affidavits and correspondence provided sufficient particulars for the respondents to know the case to be met; there was no issue of general or public importance to warrant the Court of Appeal, trial management tools could address any unfairness, and any appellate remedy remains available after trial.
17 Mar 2021

COMMISSIONER OF POLICE v BORLASE [2021] NZHC 539

Citation

[2021] NZHC 539
Court

High Court

The Commissioner's application for costs is dismissed; because the respondents obtained the disclosure they sought as a result of the Court's intervention and no party was plainly the successful party overall, costs are to lie where they fall.
26 Feb 2021

POLICE v WOOD [2021] NZHC 310

Citation

[2021] NZHC 310
Court

High Court

On the balance of probabilities the $56,370 was derived from the supply of methamphetamine based on cellphone messaging linking occupants, the packaging of cash in customer-sized bundles, respondent's gang association and relevant convictions, inconsistent legitimate income and refusal/unwillingness to provide a credible alternative explanation; therefore s50(1) required the Court to make an assets forfeiture order and no s51 undue hardship argument was advanced.