Commissioner of Police v Fennell

[2018] NZHC 247

IN THE HIGH COURT OF NEW ZEALAND

CHRISTCHURCH REGISTRY

CIV-2015-409-000783

[2018] NZHC 247

BETWEEN

THE COMMISSIONER OF THE NEW ZEALAND POLICE

Applicant

AND

FRANCIS GARY FENNELL

Respondent

ANZ BANK NEW ZEALAND LIMITED

First Interested Party

Hearing:	26 February 2018
Appearances:	H F McKenzie for Applicant No Appearance for Respondent
Judgment:	26 February 2018

REASONS FOR DECISION OF GENDALL J

COMMISSIONER OF NEW ZEALAND POLICE v FENNELL [2018] NZHC 247 [26 February 2018]

[1]                 Before me today, 26 February 2018, was an application by the applicant for an order extending the duration of a restraining order which was made against the respondent in this proceeding some time ago.

[2]                 The property to which that order originally applied was funds attributed to the ANZ Bank New Zealand Limited Account No. 06-0909-0418548-00 in the name of F G Fennell.

[3]The order original made was that this property:

(a)was not to be disposed of, or dealt with, other than is provided for in the restraining order; and

(b)is to be in the Official Assignee’s custody and control.

[4]                 As I understand the position from Ms McKenzie, counsel for the applicant, the funds in question which were originally under the control of the ANZ Bank are now under the control of the Official Assignee. That is simply noted at this point.

[5]                 Today, 26 February 2018, I granted the order sought extending the duration of the restraining order for a period expiring on 5 March 2019. The previous order was due to expire on or about 5 March 2018.

[6]This application to extend the duration of the restraining order was unopposed.

[7]                 As I understand it, the respondent Mr Fennell is currently residing in Ireland and is the subject of alleged involvement in criminal activity there and elsewhere internationally. The Irish authorities, I understand, are investigating this further at the present time, including involvement in the alleged activities by certain other associates of Mr Fennell.

[8]                 Under all the circumstances here I am satisfied that it is appropriate for the duration of the current restraining order to be extended in the meantime.

[9]                 In this proceeding also, the applicants have recently on 16 February 2018 filed an application for a profit forfeiture order.

[10]              Service of that profit forfeiture application has been delayed for a short period in the meantime and that application therefore must be adjourned. A direction to this effect is to follow.

[11]              In all the circumstances, however, the application by the applicant for an order extending the duration of the restraining order is appropriate. An order is now made extending the duration of the restraining order to now expire on 5 March 2019.

[12]              So far as the recent application for a profit forfeiture order is concerned, this matter is adjourned and now set down before this Court at 10 a.m. on 30 April 2018.

...................................................

Gendall J

Solicitors:

Raymond Donnelly & Co, Christchurch

Copy to:

Respondent Mr Fennell First Interested Party