Commissioner of Police v Cheng

The High Court of New Zealand considered an application by the Commissioner of Police to extend restraining orders over various properties and bank accounts connected to Mr Thomas Cheng, his father Mr William Cheng, and his stepmother Ms Nyioh Chew Hong. The orders were initially made without notice in April and December 2016 to investigate allegations of money laundering, tax evasion, and other criminal activities. The respondents opposed the extension, arguing the evidence was insufficient, the duration of the orders was excessive, and the orders violated their right to be free from unreasonable search and seizure. The Court found the evidence supporting the initial orders was sufficient and had not changed. The delays in applying for forfeiture orders were reasonable given the complexity of the investigations involving multiple foreign jurisdictions. The Court granted the application for a 12-month extension of the restraining orders to allow the investigations to progress properly. The Court noted the Commissioner should bring the application for forfeiture orders as soon as possible. The Commissioner would generally be entitled to costs but the parties were directed to attempt to agree on a costs schedule.