Commissioner of Police v Deverell

[2022] NZHC 1839

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-000294

[2022] NZHC 1839

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to sections 22, 24, 25 and 33 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

NATHAN RHYS DEVERELL

First Respondent

AND

CHARLOTTE CECELIA ELIZABETH DEVERELL

Second Respondent

AND

GARETH CLEM DUNCAN

Interested Party

Hearing:	On the papers
Judgment:	28 July 2022

JUDGMENT OF NATION J

[1]                  The Commissioner of Police has made a without notice application for a restraining order and an associated order against the first and second respondents, with the other party named as an interested party.

[2]                  I have read the memorandum of counsel for the Commissioner and the affidavit in support of the application.

COMMISSIONER OF POLICE v DEVERELL [2022] NZHC 1839 [28 July 2022]

[3]                  I am satisfied there are reasonable grounds to believe the respondents have unlawfully benefited from significant criminal activity, namely the cultivation of cannabis, the sale or supply of cannabis and the theft of power at a value of over

$1,000.

[4]                  I am also satisfied that the respondents have interests in the property which the Commissioner seeks to restrain and that there is a risk of the proposed restrained property being disposed of if notice were to be given to any or all of the persons who, to the applicant’s knowledge, have an interest in the proposed restrained property.

[5]                  I am satisfied that it is appropriate to make an order pursuant to s 34 of the Act that members of the Police and of the Official Assignee’s office may go onto and into property to take custody and control of three specified vehicles and their keys if there are reasonable grounds to believe one or more of them (and any keys) will be located on or in the property. I am satisfied that this order is required to enable the Official Assignee to carry out his functions and perform his duties under the Act.

[6]                  I accordingly make a restraining orders in terms of the draft orders filed for the Commissioner.

Solicitors:
Crown Solicitor’s Office / Raymond Donnelly & Co., Christchurch.