Commissioner of Police v Cheng

In this case, the Commissioner of Police applied for an extension of restraining orders over certain properties and bank accounts in relation to investigations into serious criminal activity, including methamphetamine dealing, tax evasion, and money laundering. The application was heard by Grice J in the High Court of New Zealand. The primary legal issue before the court was whether the restraining orders should be extended, given the significant time that had already elapsed since they were initially imposed and the Commissioner's need to complete further investigations before filing an application for forfeiture.

The court acknowledged the complexity of the investigation, which involved multiple foreign entities and a web of commercial ownership structures. The Commissioner argued that progress had been made since the previous extension hearing, including overseas mutual assistance requests, examinations of witnesses, and analysis of disclosure material. However, the court also recognised the prejudice caused to the respondents by the prolonged restraint of their properties. The court found that a further extension was warranted, but noted that it should not be used as an excuse to indefinitely delay the forfeiture process. The court granted a further extension of the restraining orders until 30 October 2020, with a case management conference scheduled beforehand to set a timetable for the progression of the forfeiture application. The court also reserved costs on the application to be dealt with at a later date.