Commissioner, New Zealand Police v Tangitepu

[2013] NZHC 313

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV-2012-454-134 [2013] NZHC 313

IN THE MATTER OF     an application for an examination order under s 106 of the Criminal Proceeds (Recovery) Act 2009

BETWEEN  THE COMMISSIONER, THE NEW ZEALAND POLICE Applicant

ANDTANGITEPU TANGITEPU Respondent

Appearances: (On the papers) Judgment:       25 February 2013

DECISION OF WILLIAMS J

(ON APPLICATION FOR EXAMINATION ORDER)

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 4.30pm on the 25th February 2013.

[1]      The  Commissioner  of  Police  applies  for  an  examination  order  against Tangitepu Tangitepu, the registered owner of two vehicles, a Holden Commodore and Audi A4.

[2]      The application arises from Operation Stamp which saw several members of the  Tribesmen/Rebels  Motorcycle  Gang  and  a  member  of  the  Mongrel  Mob

convicted and imprisoned for lengthy periods.

THE COMMISSIONER, THE NEW ZEALAND POLICE V TANGITEPU TANGITEPU HC PMN CIV-2012-

454-134 [25 February 2013]

[3]      The police have reason to believe that the two vehicles in question were bought with proceeds from the sale of drugs within the penumbra of Operation Stamp and that the respondent, Mr Tangitepu, is in fact a mere nominee of Craig Matthews, the central figure in Operation Stamp.

[4]      I  am  satisfied  that  the  Commissioner  of  Police  has  reasonable  cause  to believe that Tangitepu Tangitepu will be in a position to answer the questions in relation to these matters, to supply information or to produce documents demonstrating the true owner of the vehicles.

[5]      The examination order is granted accordingly.

Williams J