New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 24

Legal area

Court

28 Sept 2016

THE COMMISSIONER OF POLICE v CHENG [2016] NZHC 2304

Citation

[2016] NZHC 2304
Court

High Court

The Court held there were reasonable grounds to restrain $46,925 under s 24 as proceeds of Thomas Cheng's alleged drug offending, and separately that there were reasonable grounds under s 25 to believe William Cheng had unlawfully benefitted from significant criminal activity (tax evasion) and that the restrained account monies were his; accordingly the entire sum of $74,024.35 was properly restrained and the application to release or vary on hardship grounds was declined.
22 Dec 2014

COMMISSIONER OF POLICE v NGUYEN [2014] NZHC 3395

Citation

[2014] NZHC 3395
Court

High Court

The application for a restraining order was declined because there were not reasonable grounds to believe the vehicle was tainted under s 24 and the respondent did not have a legal or equitable interest (or requisite right, power or privilege) in the vehicle so as to bring it within s 25; consequently the statutory prerequisites for restraint were not met.