Commissioner of Police v Guy

[2025] NZHC 1504

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-2014 [2025] NZHC 1504

UNDER  the Criminal Proceeds (Recovery) Act 2009

BETWEEN  COMMISSIONER OF POLICE

Applicant

AND  PAUL GUY

First Respondent

LESLIE MITA
Second Respondent

NICHOLAS OWEN JONES
Third Respondent

LEVI HEREMAIA PATARIKI SMITH

Fourth Respondent

Hearing:                   (On the papers)

Judgment:                10 June 2025

JUDGMENT OF VENNING J [Re: NICHOLAS JONES]

This judgment was delivered by me on 10 June 2025 at 2.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Meredith Connell, Auckland Copy to:            N O Jones

COMMISSIONER OF POLICE v JONES [2025] NZHC 1504 [10 June 2025]

[1]    The Commissioner of Police (Commissioner) and Nicholas Jones (Mr Jones) seek this Court’s approval under s 95(2) of the Criminal Proceeds (Recovery) Act 2009 (the Act) to their proposed settlement in this proceeding.

[2]    The Court is required to approve the settlement if satisfied that it is consistent with the purposes of the Act and the overall interests of justice.1

[3]    Mr Jones has pleaded guilty to and was convicted of three charges of manufacturing methamphetamine and one charge of participating in an Organised Criminal Group. The three charges related to three cooks. At Cook 1, Mr Jones and Mr Guy manufactured methamphetamine at an address in Opua. The evidence suggests Mr Jones was the lead cook at all three cooks.

[4]    At the second cook, Mr Jones, Mr Guy and Mr Smith manufactured methamphetamine at Mr Smith’s home at 2272 Kaitaia-Awaroa Road, Herekino. At the final cook, Mr Jones again manufactured methamphetamine at 2272 Kaitaia- Awaroa Road with Mr Smith and Leslie Mita.

[5]    On 4 July 2022, the police executed a search warrant at Mr Smith’s property which led to the arrest of Mr Jones, Mr Smith and Mr Mita. At the time the search warrant was executed police located a large clandestine methamphetamine laboratory,

1.6 kilograms of “finished” methamphetamine, the materials used in the manufacture of methamphetamine and in addition $4,211.10 cash in a rented Ford Ranger vehicle. On the same day,  police executed a search  warrant at Mr Jones’ home address in   St Heliers. There the police located $43,750 cash in a plastic container in his bedroom; a Head Hunters Motorcycle Club patched vest; commercial counting scales; a vacuum seal packaging roll and vacuum seal bags; and a receipt for a gas stove ring burner.

[6]    A preliminary investigation into Mr Jones’ financial affairs with Inland Revenue Department revealed that in 2021 his net income was $29,344 and in 2022 it was $27,070.30. Notably, between the almost seven years between August 2015 and

1      Criminal Proceeds (Recovery) Act 2009, s 95.

June 2022, he only withdrew a total of $5,060 from his bank accounts and did not withdraw any cash in 2022.

[7]    Following his conviction and sentence,2 the Commissioner and Mr Jones have agreed to resolve the issue of the forfeiture of assets. Mr Jones has declined to take legal advice about the settlement.

[8]    The proposed settlement is an assets forfeiture order under s 50 of the Act in relation to the cash to the value of $43,750 seized by the police from Mr Jones’ home at St Heliers and the cash to the value of $4,211.10 seized from the Ford Ranger car (which was rented), together with all the interest on both sums.

[9]    Mr Jones has agreed to abandon all claims he may have under the Act or otherwise to any of the property to be forfeited or to any of the other restrained property in the proceedings. The Commissioner has agreed not to proceed with an application for a profit forfeiture order.

[10]   For completeness I note that Mr Jones’ partner, Sarah Graham,  lived at  the St Heliers’ address when the search warrant was executed in July 2022. Ms Graham has disclaimed any interest in the cash found and has no interest in the proceedings. Constable Tailby has confirmed his dealings with her.

[11]   The Commissioner’s application is supported by a substantive affidavit of Constable Tailby and other affidavits. There can be no doubt Mr Jones was involved in the manufacture of methamphetamine he having pleaded guilty to the same. While Mr Jones initially suggested the money was club money, (a reference to the Head Hunters gang), as noted Mr Jones now accepts the proposed settlement. Given the investigation into Mr Jones’ financial affairs and the large sums of cash found at the time of his arrest, the clear inference is that the cash represents the proceeds of the criminal drug offending which he pleaded guilty to.

[12]   The cash from the house at St Heliers and the cash found in the Ford Ranger comprise all the restrained property attributed to Mr Jones. In light of that and in order

2      R v Jones [2025] NZDC 3954.

to avoid incurring further expense the Commissioner has agreed not to pursue a profit forfeiture order for a larger sum. The Commissioner’s investigation suggests that Mr Jones has no other assets that could be used to meet any such profit forfeiture order.

[13]   Having regard to the above, the Court is satisfied that the proposed settlement meets the purposes of the Act and also the overall interests of justice.

[14]I approve the following settlement:

(a)a type 1 assets forfeiture order under s 50 of the Act in the Commissioner’s favour over the following property:

(i)cash to the value of $43,750 seized by Police on 4 July 2022 at 20 Bermuda Road, St Heliers, Auckland, and all interest;

(ii)cash to the value of $4,211.10 seized by Police on 4 July 2022 from a Ford Ranger, registration MNK415, and all interest;

(b)confirming that Mr Jones abandons all claims he may have under the Act or otherwise to any of the property to be forfeited or to any of the other restrained property in the proceedings;

(c)the Commissioner will not proceed with an application for a profit forfeiture order against Mr Jones on the basis of the significant criminal activity evidenced in the affidavits filed in the proceedings to date; and

(d)costs will lie where they fall.

[15]To give effect to the above I make the following orders:

(a)a Type 1 assets forfeiture order under s 50(1) of the Act that the following property vests in the Crown absolutely and is in the Official Assignee’s custody and control:

(i)cash to the value of $43,750 seized by Police on 4 July 2022 at 20 Bermuda Road, St Heliers, Auckland, and all interest; and

(ii)cash to the value of $4,211.10 seized by Police on 4 July 2022 from a Ford Ranger, registration MNK415, and all interest.

(b)Costs are to lie where they fall in relation to all matters between the Commissioner and Mr Jones.

[16]I note the following further agreed terms of settlement:

(a)Mr Jones abandons all claims he may have, under the Act or otherwise, to any of the property to be forfeited or any of the other restrained property in the proceedings; and

(b)the Commissioner will not bring an application for a profit forfeiture order against Mr Jones on the basis of the significant criminal activity evidenced in the affidavits filed in the proceedings to date.

Venning J