Commissioner of Police v Guy
[2025] NZHC 2525
•2 September 2025
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2023-404-2014
[2025] NZHC 2525
UNDER the Criminal Proceeds (Recovery) Act 2009 BETWEEN
COMMISSIONER OF POLICE
Applicant
AND
PAUL GUY
First Respondent
LESLIE MITA
Second RespondentNICHOLAS OWEN JONES
Third RespondentLEVI HEREMAIA PATARIKI
Fourth Respondent
Hearing: On the papers Appearances:
MR Harborow and CF Hodgson for the Applicant JJ Rhodes for the First Respondent
Judgment:
2 September 2025
JUDGMENT OF MACGILLIVRAY J
[Re: Paul Guy]
This judgment was delivered by me on 2 September 2025 at 12.00pm, pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
………………….……………
Solicitors: Meredith Connell, Auckland To: J Rhodes, Auckland
COMMISSIONER OF POLICE v GUY [2025] NZHC 2525 [2 September 2025]
Introduction
[1] The Commissioner of Police (the Commissioner) and Paul Guy, the first respondent, seek the Court’s approval under s 95(2) of the Criminal Proceeds (Recovery) Act 2009 (the Act) of their proposed settlement in this proceeding. The Commissioner has already settled the proceeding against the second to fourth respondents.
[2] The Court must approve the settlement if satisfied that it is consistent with the purposes of the Act and the overall interests of justice.1
Background
[3] These proceedings arose out of a police investigation into the manufacture and distribution of methamphetamine by the respondents.
[4] On 4 July 2022, police executed search warrants at Mr Guy’s home address at Flat 9C Argent Hall Apartments, Eden Crescent, Auckland, and at the Henderson address of members of Mr Guy’s family. Mr Guy was arrested at his address. Police seized $30,440 in cash from Mr Guy’s address, $43,950 in cash from a garage used by Mr Guy at the Henderson address, and $4,830 in cash on Mr Guy’s person, totalling
$79,220 (the seized cash).
[5] On 13 October 2023, the Court granted restraining orders over the seized cash which remain in place. Orders were also made to restrain two motorcycles, a 2008 Harley Davidson V-Rod motorcycle, registration K0A, and a 2018 KTM 1290 Super Duke R motorcycle, registration B1SLU. Both vehicles have never been located.
[6] On 9 October 2024, Mr Guy pleaded guilty to two charges of manufacturing methamphetamine, one representative charge of supplying methamphetamine, one representative charge of money laundering and one charge of participation in an organised criminal group. Nicolas Jones and Levi Smith, the third and fourth
1 Criminal Proceeds (Recovery) Act 2009, s 95(3).
respondents and patched members of the Head Hunters Motorcycle Club (HHMC) had assisted Mr Guy with the manufacture.
[7] Mr Guy was sentenced on 21 May 2025 to five years and three months’ imprisonment.
The proposed settlement
[8]The terms of the proposed settlement are that:
(a)a type 1 assets forfeiture order under s 50 of the Act be made by consent over the following property:
(i)cash to the value of $30,440 seized by police on 4 July 2022 from Flat 9C, Argent Hall Apartments, 2 Eden Crescent, Auckland, and all interest;
(ii)cash to the value of $43,950 seized by police on 4 July 2022 from 27 Edgewood Way, Henderson, Auckland, and all interest; and
(iii)cash to the value of $4,830 seized by police on 4 July 2022 from Mr Guy’s person, and all interest.
(b)Mr Guy provides a statutory declaration declaring that he has no further assets or interests in further assets in New Zealand or elsewhere, directly or indirectly, other than the restrained property (to be forfeited), such that no other assets could be disposed of to meet any profit forfeiture order (PFO);
(c)if it later transpires that the statutory declaration was false or misleading in any way, the Commissioner may resume the current proceedings against Mr Guy and proceed with seeking a PFO against him in relation to the significant criminal activity evidenced in the affidavits filed in this proceeding to date;
(d)the restraining orders over the following vehicles should be rescinded on pragmatic grounds:
(i)a 2008 Harley Davidson V-Rod motorcycle, registration K0A, registered to Kendra Rose Guy; and
(ii)a 2018 KTM 1290 Super Duke R motorcycle, registration B1SLU, registered person Soul Garage Ltd.
(e)Mr Guy abandons all claims he may have, under the Act or otherwise, to any of the property to be forfeited and any of the other restrained property in this proceeding;
(f)unless the statutory declaration turns out to be false or misleading in any way, the Commissioner will not pursue a PFO against Mr Guy in relation to the significant criminal activity evidenced in the affidavits filed in this proceeding to date; and
(g)costs lie where they fall.
The purpose of the Act and the interests of justice
[9]The purpose of the Act is set out in s 3:
3 Purpose
(1)The primary purpose of this Act is to establish a regime for the forfeiture of property—
(a) that has been derived directly or indirectly from significant criminal activity; or
(b) that represents the value of a person’s unlawfully derived income.
(2)The criminal proceeds and instruments forfeiture regime established under this Act proposes to—
(a) eliminate the chance for persons to profit from undertaking or being associated with significant criminal activity; and
(b) deter significant criminal activity; and
(c) reduce the ability of criminals and persons associated with crime or significant criminal activity to continue or expand criminal enterprise; and
(d) deal with matters associated with foreign restraining orders and foreign forfeiture orders that arise in New Zealand.
[10] Consideration of the overall interests of justice connotes a broad inquiry recognising that, where appropriate, settlements can be in the interests of justice by saving time and cost, achieving certainty, and avoiding litigation risk to the parties.2
Discussion
[11] I am satisfied that the proposed settlement meets the purposes of the Act and the overall interests of justice.
[12] Mr Guy has pleaded guilty to manufacturing and supplying methamphetamine and laundering the proceeds of that supply. There is no indication of any legitimate source for the seized cash. For the tax years between 31 March 2017 and 31 March 2023, Mr Guy’s declared net income totalled $49,266, consisting solely of benefits from MSD. Most of the cash seized at Mr Guy’s home address was in a shopping bag with a HHMC logo. At the Henderson address, the cash was located in a garage used by Mr Guy together with 73 grams of cannabis, electronic scales, a money counting machine, a HHMC patch and HHMC West Chapter group photo, and the KTM Super Duke motorcycle, which has since disappeared.
[13] The evidence supports the clear inference that the seized cash is tainted property acquired as a result of or derived from Mr Guy’s significant criminal activity. For his part, Mr Guy, who is represented by counsel, has agreed that the cash and interest should be forfeited.
[14] Mr Guy’s former partner, Ms Light, has confirmed that she does not wish to be involved in these proceedings.3
2 Commissioner of Police v Zhang [2016] NZHC 930 at [8]; and Commissioner of Police v Cotton
[2017] NZHC 21 at [7].
3 Ms Light was living at Mr Guy’s flat in Argent Hall Apartments on 4 July 2022, when the search warrants were executed.
[15] Mr Guy has provided a statutory declaration that he has no property other than the seized cash. Based on that declaration, all known proceeds of Mr Guy’s offending are being forfeited under the terms of settlement. The terms of settlement appropriately leave open the Commissioner’s ability to pursue an application for a PFO if it transpires that Mr Guy’s declaration was false or misleading in any way.
[16] Given that there are no other known proceeds of Mr Guy’s offending, that the motorcycles cannot be found, and that Mr Guy has declared that he has no other property, it is sensible and in the interests of justice for this matter to be resolved on the agreed terms to achieve a certain outcome and bring delay and cost to an end. Nothing would be gained by seeking orders additional to those sought under the terms of the agreed settlement. If information comes to light that contradicts Mr Guy’s declaration, then an application for a PFO can still be pursued at that time.
Result
[17] I approve under s 95(3) of the Act the terms of settlement set out at paragraphs 3.2(a)–(g) and 6.2 of the joint memorandum of counsel dated 19 August 2025 and also set out at [8] above.
[18] I make the further orders sought at paragraph 6.1 of the joint memorandum under ss 34 and 50(1) of the Act to give effect to the agreed settlement:
(a)the restraining orders over the following vehicles are rescinded:
(i)a 2008 Harley Davidson V-Rod motorcycle, registration K0A, registered to Kendra Rose Guy; and
(ii)a 2018 KTM 1290 Super Duke R motorcycle, registration B1SLU, registered to Soul Garage Ltd.
(b)the following property vests in the Crown absolutely and is in the Official Assignee’s custody and control:
(i)cash to the value of $30,440 seized by police on 4 July 2022 from Flat 9C, Argent Hall Apartments, 2 Eden Crescent, Auckland, and all interest;
(ii)cash to the value of $43,950 seized by police on 4 July 2022 from 27 Edgewood Way, Henderson, Auckland, and all interest; and
(iii)cash to the value of $4,830 seized by police on 4 July 2022 from Mr Guy’s person, and all interest.
(c)costs lie where they fall in relation to all matters between the Commissioner and Mr Guy.
MacGillivray J
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