Commissioner, New Zealand Police v Daleszak

[2013] NZHC 311

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CIV-2011-416-199 [2013] NZHC 311

BETWEEN  THE COMMISSIONER, THE NEW ZEALAND POLICE Applicant

ANDROBERT ANTHONY DALESZAK BARBARA CLARE DALESZAK

ANDNATALIE ANNA DALESZAK Respondents

(On the papers)

Judgment:      25 February 2013

DECISION OF WILLIAMS J

(ON APPLICATIONS FOR EXAMINATION ORDERS)

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 3.30pm on the 25th February 2013.

[1]      The Commissioner of Police applies for examination orders in respect of Robert Anthony Daleszak,  his  wife  Barbara  Clare  Daleszak,  and  their  daughter Natalie Anna Daleszak.

[2]      Robert Anthony Daleszak was  charged  with  and convicted  of cultivating cannabis following the execution of a search warrant at this address at 13 Scott Street, Wairoa.   He was sentenced to 200 hours community work.   Barbara Clare Daleszak was also charged but she was discharged under s 347.   The police also executed a search warrant at 53A Taradale Road, Marewa in Napier, the address of

Natalie Anna Daleszak.  A cannabis grow was found there.  Ms Daleszak was not

THE COMMISSIONER, THE NEW ZEALAND POLICE V ROBERT ANTHONY DALESZAK HC GIS CIV-

2011-416-199 [25 February 2013]

charged, but her partner Joseph Clark was charged with cultivation and he plead guilty.

[3]      The police now wish to examine all three individuals in relation to a vehicle, a boat, bank or finance company accounts and the means by which the purchase of the property at 13 Scott Street, Wairoa was effected.

[4]      The various transactions described in the applications provide reasonable grounds for the Commissioner to believe that the respondents will be in a position to answer  questions  relevant  to  the  recovery  of  criminal  proceeds,  to  supply information or produce documents to that end.

[5]      The orders are made accordingly.

Williams J