Commissioner of Police v Cooper

[2025] NZHC 376

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2023-442-41

[2025] NZHC 376

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application for a type 1 asset forfeiture order pursuant to ss 49 and 50

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

HUNTER DAVID JOHN COOPER

Respondent

Hearing (Via VMR):

3 March 2025

Counsel:

J M Webber for Applicant

No appearance for Respondent

Minute:

3 March 2025

JUDGMENT OF GWYN J

[Asset Forfeiture Order]

[1]This matter was called in the Criminal Proceeds List on 3 March 2025.

[2]        The Commissioner of Police (the Commissioner) has applied for a type 1 asset forfeiture order in respect of currently restrained property, being:

(a)Various amount of crypto currency.

(b)The sum of $18,831 being the net proceeds of the sale of a blue 2008 Lexus IS-F,  registration  number  JGZ52.  Official  Assignee  asset ID 1236906 (Lexus).

THE COMMISSIONER OF POLICE v COOPER [2025] NZHC 376 [3 March 2025]

(c)	The sum of $4,521.76 being the net proceeds of the sale of Toyota Landcruiser Prado, registration number DMS796.	a 2006 Official
Assignee asset ID 1236907 (Landcruiser).1
(the property)

[3]        Mr Harrison, counsel for the respondent, has signed a consent memorandum confirming that Mr Cooper does not oppose the forfeiture application.

[4]        The consent memorandum also records that the respondent accepts that the assets described in the forfeiture application have, wholly or in part, been acquired as a result of significant criminal activity, or directly or in-directly been derived from a significant criminal activity, namely the importation and sale of controlled drugs.

[5]        The respondent has pleaded guilty to a representative charge of importing the class B controlled drug MDMA, under s 6(1)(a) and (2)(b) of the Misuse of Drugs Act 1975, relating to a total 15 importations, during the period from April to November 2022. He has also pleaded guilty to possession of the class B controlled drug MDMA for supply, under s 6(1)(f) and (2)(b) of the Misuse of Drugs Act 1975, in relation to a 1.8kg package of methamphetamine found in his possession during  a  search  in May 2023.

[6]        On 3 December 2024 the respondent was sentenced to three and a half years’ imprisonment in relation to those charges. Although the respondent has appealed that sentence, he does not challenge the convictions.

[7]        The Commissioner has filed an affidavit from Detective Allan Newton, dated 13 September 2023. The affidavit was filed in support of the original without notice application for a restraining order but is relevant to this forfeiture application.

[8]        In light of the consent memorandum I have considered the forfeiture application on the papers, also having regard to the affidavit in support. I am satisfied on the balance of probabilities that the property is tainted property, having been

1      Both the Lexus and the Landcruiser were sold pursuant to a sale order made by Grau J on 17 May 2024: Commissioner of Police v Cooper [2024] NZHC 1246.

acquired as a result of significant criminal activity, or directly or indirectly derived from significant criminal activity, namely the importation and sale of controlled drugs.

[9]        Accordingly, I make an Asset Forfeiture Order in the terms contained in the Commissioner’s application of 20 February 2025.

Gwyn J