New Zealand Case Law: Decisions & Judgments

Topic

Registration of foreign restraining order

Legal area

Court

2 Sept 2013

COMMISSIONER OF POLICE v CHEN & ORS [2013] NZHC 2259

Citation

[2013] NZHC 2259
Court

High Court

The Court must register the foreign restraining order and its amendments if they are in force and the statutory prerequisites are met; once registered the orders have effect as CPR restraining orders and the Court may, under ss34-35 CPR as applied by s134 CPR, make ancillary orders (including sale and payments) necessary to preserve the value of restrained property; NZDT failed to establish it had not unlawfully benefited and so s139 exclusion was refused.
31 May 2012

THE COMMISSIONER OF POLICE V DICKSON & ORS HC AK CIV-2012-404-002574

Citation

openlaw-c8d85753_743d_4709_8073_20a324593c82.pdf
Court

High Court

Having considered the affidavit evidence and memorandum and being satisfied it was proper to do so, the Court granted the application and ordered registration of the New South Wales restraining order on an interim basis for 21 days to enable filing of the foreign order, after which, if filed, the restraining order would remain registered until 1 June 2014.
14 May 2012

THE SOLICITOR-GENERAL OF NEW ZEALAND V SLAWOMIR RYSZARD BUJAK HC CHCH CIV-2007-485-000522

Citation

openlaw-8b7efb8e_74a5_4dba_8159_ced1490bf8f2.pdf
Court

High Court

The Court held that the registered Polish restraining order remains effective under the Mutual Assistance in Criminal Matters Act 1992 as it existed at registration and is linked into domestic law via s 66B of the Proceeds of Crime Act 1991; repeal of the Proceeds Act and commencement of the Criminal Proceeds (Recovery) Act 2009 did not retrospectively alter the status of already registered foreign restraining orders. Section 42 of the Proceeds Act does not apply to registered foreign orders and therefore the applicant has no present entitlement to payment from the restrained funds; joinder w…
16 Mar 2012

THE COMMISSIONER OF POLICE V KIM DOTCOM HC AK CIV-2012-404-33

Citation

openlaw-252c303f_5ccb_42e8_9603_e78335357bc8.pdf
Court

High Court

The 18 January 2012 order was granted under the wrong statutory provisions and is therefore null and void; the Court declares that order has no legal effect and notes the respondents' property remains restrained under the valid interim order made 1 February 2012, with related issues to be determined in the re-registration proceedings.
21 May 2008

SOLICITOR-GENERAL FOR NEW ZEALAND V THE BENEFICIAL OWNERS OF VARIOUS BANK ACCOUNTS AND ORS HC WN CIV-2008-485-1070

Citation

openlaw-20d27d39_e0c8_474d_bd44_22cb79b2e3d6.pdf
Court

High Court

The amended New South Wales restraining order (13 May as amended 20 May) no longer conferred on the Public Trustee the power to deal with or transfer funds from New Zealand; accordingly the Court was satisfied it could be registered under the Mutual Assistance in Criminal Matters Act 1992, subject to service on interested parties who are given 14 days after service to apply to challenge the registration.
14 Feb 2007

SOLICITOR GENERAL V HUSEIN HC AK CIV 2006-404-006798

Citation

openlaw-a303e0ce_897f_4e5b_b531_4ad3b180d58e.pdf
Court

High Court

The Court concluded it was desirable to order transfer under s66C because retention in Westpac's suspense account imposed ongoing administrative and audit difficulties on the bank and the funds earned no interest; the Official Assignee can hold the money in an interest-bearing account and has reporting requirements that do not produce the same administrative burden, so the balance of utility and protection of parties favoured transfer.

New Zealand Case Law

COMMISSIONER OF POLICE v CHEN & ORS [2013] NZHC 2259

THE COMMISSIONER OF POLICE V DICKSON & ORS HC AK CIV-2012-404-002574

THE SOLICITOR-GENERAL OF NEW ZEALAND V SLAWOMIR RYSZARD BUJAK HC CHCH CIV-2007-485-000522

THE COMMISSIONER OF POLICE V KIM DOTCOM HC AK CIV-2012-404-33

SOLICITOR-GENERAL FOR NEW ZEALAND V THE BENEFICIAL OWNERS OF VARIOUS BANK ACCOUNTS AND ORS HC WN CIV-2008-485-1070

SOLICITOR GENERAL V HUSEIN HC AK CIV 2006-404-006798