Commissioner of Police v Backhouse

[2022] NZHC 144

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2021-485-010

[2022] NZHC 144

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

applications under sections 21, 24 and 25

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

KURT BACKHOUSE

Respondent

On the papers:
Counsel:	S B McCusker and V M Rae for Applicant K Preston for Respondent
Judgment:	10 February 2022

JUDGMENT OF CHURCHMAN J

[1]                 On 20 December 2021, the applicant applied on notice for restraining orders under the Criminal Proceeds (Recovery) Act 2009 (the Act).

[2]                 The application is listed for first call in the Judge’s Chamber’s List (JCL) on 14 February 2022.

[3]                 Counsel for the applicant and counsel for the respondent filed a joint memorandum dated 9 February 2022. Also annexed to the memorandum was a draft order making the orders sought by the applicant.

COMMISSIONER OF POLICE v BACKHOUSE [2022] NZHC 144 [10 February 2022]

[4]                 The joint memorandum recorded that the respondent consents to the restraining order sought by the applicant without prejudice to his position in relation to any future forfeiture application.

Outcome

[5]                 By consent, I make the on notice restraining order sought by the applicant in the terms set out in the draft order attached to counsel’s joint memorandum.

Churchman J

Solicitors:
Crown Solicitor, Wellington for Applicant

cc:        K F Preston, Barrister, Wellington for Respondent