Commissioner of Police v Asiata

[2025] NZHC 1592

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-2964 [2025] NZHC 1592

UNDER  the Criminal Proceeds (Recovery) Act 2009

BETWEEN  COMMISSIONER OF POLICE

Applicant

AND  MUGA ELIJAH JORDAN ASIATA

First respondent

AORANGI MOANA PEITA
Second respondent

Hearing:                   On the papers

Counsel:                   D S Houghton and A J Drury for applicant

L Hughes for Mr Asiata Date of judgment:                16 June 2025

JUDGMENT OF JAGOSE J

This judgment was delivered by me on 16 June 2025 at 3.00pm.

………………………… Registrar/Deputy Registrar

Counsel/Solicitors:

L Hughes, Barrister, Auckland Meredith Connell, Auckland

COMMISSIONER OF POLICE v ASIATA [2025] NZHC 1592 [16 June 2025]

[1]    As duty judge, I have counsel’s 11 June 2025 joint memorandum, seeking approval of the Commissioner’s settlement with Muga Asiata and Aorangi Peita under s 95 of the Criminal Proceeds (Recovery) Act 2009. Under that section, I must approve the settlement if satisfied the settlement is consistent with the purposes of the Act and the overall interests of justice.

[2]    Mr Asiata has pleaded guilty to one change of supplying methamphetamine.1 The Commissioner alleges Ms Peita had knowledge of and benefited from that offending and asserts Mr Asiata and Ms Peita unlawfully have benefited from the offending in an amount approaching $300,000. He obtained restraining orders over vehicles and cash associated with them,2 now liquidated as some $73,000 in cash.

[3]    Mr Asiata and Ms Peita are agreed that liquidated sum may be forfeited to the Crown. Such otherwise is the consequence of this Court being satisfied on the balance of probabilities Mr Asiata and Ms Peita have unlawfully benefited from significant criminal activity and have interests in property,3 subject to any exclusion on grounds of undue hardship.4

[4]    I am satisfied in the above circumstances the parties’ settlement is consistent with the purposes of the Act and the overall interests of justice, as likely reflecting what would at least have occurred absent their agreement.

[5]I therefore:

(a)approve the parties’ settlement recorded at paras 4.1–4.2 of counsel’s joint memorandum dated 11 June 2025; and

(b)order in terms of the joint memorandum’s subparas 7.1(a) and (b).

—Jagose J

1      Misuse of Drugs Act 1975, s 6(1).

2      Commissioner of Police v Asiata, HC Auckland CIV-2025-404-2964, (Minute of Walker J) 22 November 2024, (Minute of Wilkinson-Smith J) 14 February 2025 and (Minute of Blanchard J) 2 May 2025.

3      Criminal Proceeds (Recovery) Act 2009, s 55(1).

4      Section 56.