New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Restraint and forfeiture

Legal area

Court

10 Jun 2015

THE COMMISSIONER OF POLICE v DAVOREN [2015] NZHC 1303

Citation

[2015] NZHC 1303
Court

High Court

Because the Commissioner proved the identified assets were proceeds of crime and the second respondent owned or effectively controlled them, and the parties reached a consent settlement abandoning opposition, the court approved forfeiture orders under s95 and made asset forfeiture orders under s50, vesting the listed property in the Crown.
28 Jul 2014

COMMISSIONER OF POLICE v READ [2014] NZHC 1758

Citation

[2014] NZHC 1758
Court

High Court

Privilege under s56 did not apply to the examination records because RBA Trustees, the entity examined, was entitled to be a party to the forfeiture proceeding at the time of the s107 examination, and the Commissioner additionally cannot assert privilege where he disclaimed privilege in the substance (waiver).