Commissioner of Police v Aranui

[2020] NZHC 142

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2019-419-000288

[2020] NZHC 142

UNDER

The Criminal Proceeds (Recovery) Act

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

BOB JUNIOR ARANUI

Respondent

DANIELLE SUSANNA ARANUI

Interested Party

Hearing:

12 February 2020

Appearances:

KRL Guthrie for Applicant

No appearance for or by the Respondent or Interested Party

Judgment:

12 February 2020

ORAL JUDGMENT OF MUIR J

Counsel/Solicitors:

Almao Douch, Crown Solicitors, Hamilton Copy to: Respondent and interested party

THE COMMISSIONER OF POLICE v ARANUI [2020] NZHC 142 [12 February 2020]

[1]                  The Commissioner applies on notice for restraining orders pursuant to ss 21 and 25 of the Criminal Proceeds (Recovery) Act 2009 (the Act) on the grounds that the respondent has unlawfully benefitted from significant criminal activity. No notice of opposition has been filed by either the respondent or interested party and there is no appearance by either of them this morning.

[2]                  The respondent has been charged with and now pleaded guilty to: supplying methamphetamine, offering to supply methamphetamine, possession of methamphetamine for supply, supplying cannabis (x2), offering to sell cannabis, offering to supply cannabis, possession of cannabis for sale, cultivating cannabis and 11 charges of receiving. He is to be sentenced on 18 March 2020.

[3]                  His arrest followed a covert police investigation and production of cellphone records which evidenced the sale of commercial quantities of methamphetamine and cannabis.

[4]                  Upon arrest the police located cannabis, methamphetamine and cash on the respondent. A subsequent search of his home identified cannabis paraphernalia, ammunition, $8,560 in cash and the Harley Davidson and Honda motorcycles that are the subject of the application.

[5]                  Detective Senior Sergeant Ambler deposes that the total value of the respondent’s methamphetamine and cannabis sales, coupled with the total cash identified evidences transactions with an overall value of between $39,429 and

$70,066.50.

[6]                  Significant criminal activity is defined in s 6 of the Act and s 7 identifies what is meant by having unlawfully benefitted from such activity.

[7]                  Each of the drug dealing charges of which the respondent has been convicted fall within the s 6 definition of significant criminal activity.

[8]                  I am satisfied that there are reasonable grounds to believe the respondent has unlawfully benefitted from significant criminal activity and that the restraining order sought by the Commissioner is therefore properly made. I grant it accordingly.

[9]                  The Commissioner also seeks an order for the sale of the two motorcycles in order to preserve their value against storage costs and depreciation.

[10]              I accept that an early sale will preserve such value to the benefit either of the community or, in the event the Commissioner’s ultimate forfeiture application was unsuccessful, the respondent.

[11]              I accordingly agree that an early sale order pursuant to s 35(e)(v) of the Act, allowing the Official Assignee to sell the motorcycles, is appropriately made.

Result

[12]              I make orders in terms of the draft provided to the Court on 11 February 2020 and appended it to the Commissioner’s memorandum of the same date.

Muir J