Commissioner of Police v Bolstad

[2024] NZHC 3249

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-429

[2024] NZHC 3249

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 21 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

LUCANE MICHAEL BOLSTAD

Respondent

Hearing:

4 November 2024

Appearance:

O J Welsh for Applicant

No appearance for Respondent

Judgment:

4 November 2024

Reissued:

6 November 2024

REISSUED JUDGMENT OF OSBORNE J

This judgment contains redaction of personal or sensitive information.

[1]                 The Commissioner of Police (Commissioner) applies on notice for a restraining order under the Criminal Proceeds (Recovery) Act 2009 (Act).

[2]                 The Commissioner on his preceding without notice application was granted a restraining order in relation to the same assets as are referred to in the present application (the previous judgment).1 Dunningham J in the previous judgment identified how the Commissioner’s evidence justified the making of the restraining order.

1      Commissioner of Police v Bolstad [2024] NZHC 2391.

COMMISSIONER OF POLICE v BOLSTAD [2024] NZHC 3249 [4 November 2024]

[3]                 For the same reasons, and in the absence of further evidence, I am satisfied that a restraining order should be made on an on notice basis in the same terms.

[4]                 The previous judgment was suppressed until the termination of Operation Avon.2 Ms Welsh informs me that the Operation has been terminated and suppression of the previous judgment is no longer appropriate.

Orders

[5]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)2011 Land Rover Range Rover Evoque motor vehicle, registration [REDACTED], currently registered in the name of Linda Trusler;

(ii)2008 Harley Davidson VRS V-Rod motorcycle, registration [REDACTED], (previous registration [REDACTED]), currently registered in the name of Lucane Bolstad;

(iii)credit balance of $2,050 in the following bank account in the name of Lucane Bolstad:

·     Kiwibank Limited, bank account number [REDACTED]

2 At [14].

(iv)$15 cash located inside a Mercedes vehicle present at [REDACTED];

(v)$45,000 cash located inside a laundry basket in the laundry at [REDACTED];

(vi)$10,000 cash located in a bedside table in the master bedroom at [REDACTED];

(vii)$600 cash located inside a Louis Vuitton wallet found in the master bedroom at [REDACTED]; and

(viii)$877.90 cash located inside a protein powder container in a hallway cupboard at [REDACTED].

(c)the suppression order made in relation to the previous judgment is rescinded; and

(d)the costs of and incidental to this application are fixed on a 2B basis and are to be costs in the cause.

Osborne J

Solicitors:

Crown Solicitor, Christchurch