New Zealand Case Law: Decisions & Judgments

Topic

Settlement approval s95

Legal area

Court

23 Jun 2023

COMMISSIONER OF POLICE v KARETU [2023] NZHC 1585

Citation

[2023] NZHC 1585
Court

High Court

The Court approved the s95 settlement because an asset forfeiture order for the seized cash (and accrued interest) achieves the purposes of the Criminal Proceeds (Recovery) Act 2009 and is in the overall interests of justice; accordingly the cash vests absolutely in the Crown and is placed in the Official Assignee's custody, and applications for a profit forfeiture order and a restraining order are dismissed.
30 May 2023

COMMISSIONER OF NEW ZEALAND POLICE v HE [2023] NZHC 1326

Citation

[2023] NZHC 1326
Court

High Court

The Court approved the settlement under s95 because forfeiture of the Honda vehicle's sale proceeds was consistent with the Act's purposes and the overall interests of justice: the vehicle was likely tainted by significant drug offending, settlement avoided disproportionate time and cost to pursue contested proceedings (including a potential profit forfeiture claim), there were no other substantial assets to realise, and the parties agreed terms including abandonment of claims and the Commissioner not pursuing profit forfeiture; accordingly an assets forfeiture order for the sale proceeds (ap…
21 Apr 2023

COMMISSIONER OF POLICE v LIU [2023] NZHC 894

Citation

[2023] NZHC 894
Court

High Court

The Court approved the s95 settlement and made an assets forfeiture order because the Commissioner demonstrated on the balance of probabilities that the cash was tainted property derived from significant criminal activity and the settlement was consistent with the statutory purposes and the overall interests of justice.
17 Dec 2019

COMMISSIONER OF POLICE v LAU [2019] NZHC 3343

Citation

[2019] NZHC 3343
Court

High Court

On the balance of probabilities the Court found Chang knowingly benefited from Lau's significant criminal activity and assisted concealment based on the scale of unexplained deposits (notably cash), luxury expenditure inconsistent with declared income, transfers surrounding Rukutai Street and BMW, continual close association with Lau and failure of Chang's explanations to withstand scrutiny; the Commissioner's valuation of unlawful benefit ($2,115,000) was not rebutted and stands; deducting $625,705.66 resulting from Lau's settlement gives a maximum recoverable amount of $1,489,294.34; no und…
21 Sept 2018

COMMISSIONER OF POLICE v HINES [2018] NZHC 2488

Citation

[2018] NZHC 2488
Court

High Court

The Court approved the settlement because it was consistent with the Act's purposes and the overall interests of justice: the cash was forfeited as tainted property, all known assets were applied to potential profit forfeiture by means of a negotiated payment of $422,777 with staged payments and conditional variation/lapse of the restraining order over 62 Laurel Oak Drive, and procedural safeguards (transfer, security, resale and application of proceeds) were included to protect relationship property interests and public interest in forfeiture.
10 Apr 2018

THE COMMISSIONER OF POLICE v OWEN [2018] NZHC 626

Citation

[2018] NZHC 626
Court

High Court

The court approved the settlement because it results in forfeiture of property representing the unlawfully derived income, is consistent with the Act's purposes and the overall interests of justice, and the parties consented thereby avoiding contested litigation.

New Zealand Case Law

COMMISSIONER OF POLICE v KARETU [2023] NZHC 1585

COMMISSIONER OF NEW ZEALAND POLICE v HE [2023] NZHC 1326

COMMISSIONER OF POLICE v LIU [2023] NZHC 894

COMMISSIONER OF POLICE v LAU [2019] NZHC 3343

COMMISSIONER OF POLICE v HINES [2018] NZHC 2488

THE COMMISSIONER OF POLICE v OWEN [2018] NZHC 626