Commissioner of Police v Harmer-Elers

[2025] NZHC 467

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2025-425-20

[2025] NZHC 467

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

an application pursuant to ss 22 and 26

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

TUROIRANGI ATAREA HARMER- ELERS

First Respondent

BILL ELERS
Second Respondent

AND

WESTPAC NEW ZEALAND LIMITED

Interested Party

Hearing:	On the papers
Counsel:	S N McKenzie for Applicant
Judgment:	11 March 2025

JUDGMENT OF MANDER J

[Without notice application for restraining orders]

[1]                The Commissioner of Police (the Commissioner) has filed a without notice application for restraining orders against Turoirangi Harmer-Elers and Bill Elers, respectively the first and second respondents. The orders are sought in respect of the following property:

(a)The real property at 27 Albion Street, Mataura, Gore, registered in the name of Bill Elers, with a rateable value of $225,000 (Record of Title 4674, Southland Registry, Lot 1 Deposited Plan 301037), excluding the

COMMISSIONER OF POLICE v HARMER-ELERS [2025] NZHC 467 [11 March 2025]

interests of Westpac Bank as mortgagee pursuant to registered mortgage 9708594.1; and

(b)The real property at 29 Albion Street, Mataura, Gore, registered in the name of Bill Elers, with a rateable value of $92,000 (Record of Title SL96/185, Southland Registry, Lot 4 Block IV Deposited Plan 1237).

(collectively “the property”)

[2]                Mr Harmer-Elers has been charged with a number of qualifying instrument forfeiture offences, namely participating in an organised criminal group,1 attempted murder,2 wounding with intent to cause grievous bodily harm (x 5),3 kidnapping (x 2),4 and injuring with intent to cause grievous bodily harm.5

[3]                Three affidavits have been filed in support of the Commissioner’s application from:

(a)Detective Sergeant Raymond Sunkel, a detective sergeant in  the  New Zealand Police with specialist knowledge of the organisation and workings of gangs;

(b)David Kennelly, a detective sergeant based at Invercargill, who gives evidence of a number of police operations that have given rise to the charges faced by Mr Harmer-Elers and other persons who are members of the Mongrel Mob in Southland, in particular the Mataura Mongrel Mob. Mr Elers was the recognised president or “captain” of this chapter of the Mongrel Mob between the late 1990s through to 2014. He is the father of the current president or “captain” of this chapter, Mr Harmer-Elers.

1      Crimes Act 1961, s 198A(1)—maximum penalty of 10 years’ imprisonment.

2      Section 173(1)—maximum penalty of 14 years’ imprisonment.

3      Section 188(1)—maximum penalty of 14 years’ imprisonment.

4      Section 209—maximum penalty of 14 years’ imprisonment.

5      Section 189(1) —maximum penalty of 10 years’ imprisonment.

(c)Mr John Galliven has also sworn an affidavit in support of the Commissioner’s application. He is a specialist investigator attached to the Southern Asset Recovery Unit of the Financial Crime Group of the New Zealand Police tasked with investigating individuals who have accumulated wealth or assets as a result of their involvement in significant criminal activity, as that term is defined in the Criminal Proceeds (Recovery) Act 2009.

[4]                The property is described as the gang “pad” of the Mataura Chapter of the Mongrel Mob Aotearoa. Mr Elers is the registered proprietor of the property, which the Commissioner alleges is an instrument of crime which has been used to facilitate the qualifying instrument forfeiture offences. In particular, the evidence filed in support of the application attests to these qualifying offences having taken place at the property between January and November 2022, under the direction of Mr Harmer- Elers. Mr Gallivan deposes as follows:

15.2On each of these occasions [referencing police investigations into incidents of serious violence], victims were seriously assaulted at the ‘pad’ or at their own address before being kidnapped and taken back to the ‘pad’, the ‘pad’ gates locked behind them, and symbolically dumped under the Mongrel Mob insignia/‘Rocker’ before being seriously assaulted in a prolonged and tortuous manner.

15.3The Mataura chapter Mongrel Mob Aoteroa ‘pad’ situated at 27-29 Albion Street, Mataura is a well-established, fortified gang ‘pad’ intended to prevent the public and police from observing activities within the property.

15.4The Mataura chapter of the Mongrel Mob Aoteroa ‘pad’ is symbolic of the gang’s status and perceived power in Southland and is used to enable its members to plan and facilitate the commission of serious criminal offending. Furthermore, the Mongrel Mob gang’s nationwide status implies that actions taken by the president at the regional level is sanctioned by the gang at national level.

15.5Therefore, the Mataura chapter Mongrel Mob Aotearoa ‘pad’ is an instrument used in the facilitation and concealment of criminal offending listed in the application and subject to forfeiture.

[5]                Having read the affidavits of Messrs Sunkel, Kennelly and Galliven, I am satisfied that Mr Harmer-Elers has been charged with a qualifying instrument forfeiture offence and there are reasonable grounds to believe the property referred to in the application is an instrument of crime used to facilitate the qualifying instrument

forfeiture offences with which he has been charged.6 I am further satisfied there is a risk the proposed restrained property may be destroyed, disposed of, altered, or concealed if notice were to be given to any or all the persons who have an interest in the proposed restrained property, including Mr Harmer-Elers and Mr Elers.7

[6]                Accordingly, I grant the Commissioner’s without notice application for restraining orders and direct that the property specified in [1] above:

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

(b)is to be under the Official Assignee’s custody and control; and

(c)the respondents are required to allow the Official Assignee access to the property for the purpose of inspections and/or valuations.

Solicitors:
PRLaw, Invercargill

6      Criminal Proceeds (Recovery) Act 2009, s 26.

7      Section 22.