Commissioner of Police v Ilton

[2021] NZHC 2976

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-450

[2021] NZHC 2976

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

TRENT ILTON

First Respondent

AND

JANE ROSEMARY ILTON

Second Respondent

Counsel:

C C White for Applicant

A M S Williams for Respondents

Judgment:

5 November 2021

(Determined on the papers)

JUDGMENT OF OSBORNE J

This judgment was delivered by me on 5 November 2021 at 11.00 am

Registrar/Deputy Registrar Date:

COMMISSIONER OF POLICE v TRENT ILTON [2021] NZHC 2976 [5 November 2021]

[1]         The Commissioner of Police has applied for a restraining order in relation to a sum of $37,828.30 (in cash).

[2]        The cash was seized on 4 May 2020 at an address in Christchurch. The seizure occurred in the course of a criminal investigation by the Christchurch Organised Crime Unit into the activities of the first respondent, and in particular when a search warrant was executed at the Christchurch address in relation to the suspected possession of methamphetamine for supply.

[3]        The respondents have instructed Mr Williams as counsel and, promptly upon the filing of the Commissioner’s application, counsel have joined in a consent memorandum in relation to the orders sought by the Commissioner.

Order

[4]By consent I order:

(a)the property to which this order applies:

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

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

(iii)the property to which this order applies is as follows, namely,

$37,828.30 in cash.

[5]The hearing scheduled for 8 November 2021 is vacated.

Osborne J

Solicitors:

Crown Solicitor, Christchurch

A M S Williams, Barrister, Christchurch