28 Nov 2013
COMMISSIONER OF POLICE v BUNNING [2013] NZHC 3161
- Citation
- [2013] NZHC 3161
- Court
- High Court
On the balance of probabilities the motorcycle was acquired or derived from proceeds of methamphetamine dealing (significant criminal activity) and the respondent exercised effective control over it (registration papers found in his bedroom, motorcycle at his address, aunt registered at father's request). Therefore, under s58 the motorcycle is treated as the respondent's property and an assets forfeiture order vests the motorcycle in the Crown under s50; s50(4) does not prevent forfeiture because the other claimed interest-holder did not take steps to seek relief and no restraining order requ…