COMMISSIONER OF POLICE AND DUANE ANDREW LAUGHTON

[2024] NZHC 2897

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-000504

[2024] NZHC 2897

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 22, 24 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DUANE ANDREW LAUGHTON

Respondent

AND

BANK OF NEW ZEALAND

First Interested Party

AND

RYAN ROSANTINA CECILIA

Second Interested Party

Counsel:	K South for Applicant
Judgment:	4 October 2024
(Determined on the papers)

JUDGMENT OF PRESTON J

This judgment was delivered by me on 4 October 2024 at 4.00 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date……………

COMMISSIONER OF POLICE v LAUGHTON [2024] NZHC 2897 [4 October 2024]

Introduction

[1]                 The Commissioner of Police (Commissioner) applies without notice for restraining orders under ss 22, 24 and 25 Criminal Proceeds (Recovery) Act 2009 (the Act). The respondent is Duane Laughton.

[2]                 The property sought to be restrained includes all interests in a Christchurch residential property (current rateable valuation of $415,000), a 2018 Ford Ranger (valued between $39,000 and $47,000), and an Alloy boat and homebuilt boat trailer ($57,990) including a Suzuki outboard motor ($29,999).

[3]                 The application is supported by an affidavit of Emmie Alfeld, a detective attached to the Financial Crime Group of the New Zealand Police,1 and further affidavit of the detective providing certificate of title of the subject residential property.2

[4]                 Ms Alfeld says that, during the execution of a search warrant at Mr Laughton’s home address on 18 July 2022, 156 cannabis plants were found growing at three stages of growth cycles, indicating rotational crops and ongoing growing activities. The 156 plants would have had a value of between $124,800 and $312,000 if sold at approximately $400 per ounce. Two kilograms of cannabis bud were also located (approximate value of $28,000 if sold at $400 per ounce).

[5]                 Ms South, for the Commissioner, submits Mr Laughton has unlawfully benefited from significant criminal activity, all in breach of the Misuse of Drugs Act 1975, namely:

(a)cultivating cannabis;3

(b)possession for the purposes of supplying cannabis;4 and

1      Affidavit of Emmie Irene Alfeld in support of application for without notice restraining order sworn 20 September 2024.

2      Affidavit of Emmie Irene Alfeld in support of application for without notice restraining order sworn 1 October 2024.

3      Misuse of Drugs Act 1975, s 9(1).

4      Section 6(1)(f).

(c)selling cannabis.5

[6]                 Ms South submits these proceedings are likely to provide a powerful incentive to the respondent and/or interested party to endeavour to dispose of or otherwise deal with the proposed restrained property in the hope of avoiding its subsequent forfeiture. The boat, trailer, outboard motor, and vehicle can all be concealed or readily disposed of or be realised. The real estate property can be sold, transferred, or be the subject of mortgage drawn down if the matter proceeded on notice.

[7]                 Ms South therefore submits without notice orders, including an ancillary order to facilitate implementation of the orders, should be made in the first instance.

Jurisdiction

[8]                 Under s 25 of the Act, the Court, if satisfied it has reasonable grounds to believe a respondent has unlawfully benefited from a significant criminal activity, may make an order that specified property not be disposed of, or dealt with, other than is provided for in the restraining order and is to be under the Official Assignee’s custody and control.

Decision

[9]                 I am satisfied there are reasonable grounds to believe the property identified by the Commissioner is the respondent’s property and that he has unlawfully benefited from significant criminal activity.

[10]              I am also satisfied that there is a risk the identified property will be destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who have or appear to have an interest in the property, including the respondent and the interested parties.6

[11]It is appropriate that the orders sought by the Commissioner be granted.

5      Misuse of Drugs Act , s 6(1)(e).

6      Criminal Proceeds (Recovery) Act 2009, s 22(1).

Order

[12]I order:

(a)The property to which this order applies:

(i)is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and

(ii)is to be in the Official Assignee’s custody and control.

(b)The property to which this order applies is as follows:

(i)all interests in the residential property at 66 Kathleen Crescent, Hornby, Christchurch with the legal description of Record of Title CB9B/1188, being Lot 45 Deposited Plan 27454 and registered in the name of Duane Andrew Laughton, excluding any interest secured under registered mortgage 11761054.3 in favour of Bank of New Zealand;

(ii)2018 Ford Ranger Wildtrak 4WD, registration NFC619, registered in the name of Duane Andrew Laughton;

(iii)Southern Sports XP755 Alloy boat and homebuilt boat trailer, registration K858P and a Suzuki Outboard Motor.

(c)To facilitate the Official Assignee to take control and custody of the respondent’s Ford Ranger Wildtrak, Alloy boat, trailer and outboard motor, members of the police and of the Official Assignee’s staff or agents may go onto and enter any property, for which there are reasonable grounds to believe any of the property covered by this order may be located or stored, to locate and seize that item of property and any associated keys.

………………………………………

Preston J

Solicitors:

Crown Solicitor, Christchurch