19 Dec 2022
COMMISSIONER OF POLICE v SLESSOR [2022] NZHC 3511
- Citation
- [2022] NZHC 3511
- Court
- High Court
Court found on the balance of probabilities that Slessor unlawfully benefited from significant criminal activity; the statutory presumption under s53 that the benefit equals $84,000 was not rebutted; maximum recoverable amount is $84,000; Caton Cash ($28,778) and Waitakere Cash ($3,275) are subject to realisation and effective control orders; undue hardship not established; alleged illegality of prior retention does not preclude realisation and any remedy for unlawful search is a separate civil claim.