Commissioner of Police v Hottier-Matehe

[2025] NZHC 182

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-674

[2025] NZHC 182

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 21, 24 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DANIELLE ROSE-ANN MARIE HOTTER-MATEHE

First Respondent

AND

MICHAEL JACOB SOLOMON

Second Respondent

Hearing:

On the papers

Appearances:

O J Welsh for Applicant

No appearance for Respondents

Judgment:

14 February 2025

JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

COMMISSIONER OF POLICE v HOTTER-MATEHE AND ANOR [2025] NZHC 182 [14 February 2025]

[1]    The Commissioner of Police applies for on-notice restraining orders under   ss 21, 24 and 25 of the Criminal Proceeds (Recovery) Act 2009.

[2]The particular property sought to be restrained are:

(a)cash totalling $34,000.00 located on 19 April 2023 in a black leather handbag under the front passenger seat in a BMW motor vehicle, registration number PLB466 (BMW), registered in the name of the second respondent and being driven by him; and

(b)cash totalling $1,210.00 located on 19 April 2023 in a wallet belonging to the second respondent and found in the driver’s door panel of the BMW.

[3]    The application is supported by an affidavit of Amanda Kathryn Scott, a specialist investigator attached to the Southern Asset Recovery Unit, within the Financial Crime Group of the New Zealand Police.

[4]    Ms Scott details the circumstances giving rise to charges against the respondent. Ms Scott refers  to  her  financial  investigation  of  Mr  Solomon  and Ms Hotter-Matehe’s banking information which identified that the cash seized is unlikely to have been derived  from  online  gambling  winnings,  as  claimed  by  Ms Hotter-Matehe.  Martyn  Solomon,   an   accountant   attached   to   the   Southern Asset Recovery Unit, has not identified any legitimate explanations for the

$35,210 cash located on 19 April 2023. Ms Scott considers the presence of such a large sum of cash, the lack of any legitimate explanation as to the source of that cash, and the criminal histories of Mr Solomon and Ms Hotter-Matehe are all strong indicators that they are involved in, and unlawfully benefiting directly from, significant criminal activity, namely the supply of Class A and C controlled drugs.

[5]    The Commissioner contends the $35,210.00 seized from Mr Solomon and  Ms Hotter-Matehe is the proceeds from the sale of methamphetamine and cannabis and is therefore tainted property.

Jurisdiction

[6]    Under s 25 of the Act, the Court if satisfied it has reasonable grounds to believe a respondent has unlawfully benefited from significant criminal activity, may make an order that specified property not be disposed of, or dealt with, other than is provided for in the restraining order and is to be under the Official Assignee’s custody and control.

Decision

[7]    I am satisfied there are reasonable grounds to believe the property the subject of the application is the respondent’s property and that he has unlawfully benefited from significant criminal activity. The respondents have been served and have taken no steps.

[8]It is appropriate that the orders sought by the Commissioner be granted.

Orders

[9]I order:

(a)The property to which this order applies:

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

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

(b)The property to which this order applies is as follows:

(i)cash totalling $34,000.00 located on 19 April 2023 in a black leather handbag under the front passenger seat in the BMW, currently held in the Police Trust Account; and

(ii)cash totalling $1,210.00 located on 19 April 2023 in a wallet belonging to the second respondent and found in the driver’s

door panel of the BMW, currently held in the Police Trust Account.

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

Eaton J

Solicitors: Crown Solicitors

Copy to:
Official Assignee