New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Proportionality (bill of rights)
  • 4 Aug 2011

    THE SOLICITOR-GENERAL V BROWN HC AK CIV 2008-404-006760

    Citation
    openlaw-923c984f_5cfa_4d7d_a9f8_4bc09785166c.pdf
    Court
    High Court

    The court exercised its discretion under the Proceeds of Crime Act and ordered a pecuniary penalty equal to the respondent's half-share in the jointly owned property at 5 Rawene Avenue, Westmere, finding no compelling grounds (including undue hardship or BORA s9 proportionality) to reduce the penalty; the Official Assignee is to sell the property to satisfy the penalty, with a family option to purchase the half-share for NZD 600,000, and costs to be paid from proceeds.