Commissioner of Police v Jones

[2021] NZHC 2831

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-000471

[2021] NZHC 2831

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

ELIZABETH ANNE JONES

First Respondent

AND

DANIEL GARY FRENCH

Second Respondent

AND

AMY-LEIGH WARD

Third Respondent

AND

GARY ANGUS FRENCH

First Interested Party

AND

BANK OF NEW ZEALAND

Second Interested Party

AND

SHARON LOUISE WARD

Third Interested Party

AND

ANTHONY DAVID WARD

Fourth Interested Party

Hearing:

On the papers

Counsel:

K South for the Applicant

H Matthews and E Nye for the First Respondent

Judgment:

21 October 2021

JUDGMENT OF NATION J

POLICE v JONES [2021] NZHC 2831 [21 October 2021]

[1]                 The applicant and first respondent, by consent, seek the Court’s approval to the making of profit forfeiture orders in relation to the first respondent under the Criminal Proceeds (Recovery) Act 2009.

[2]                 The context in which the Commissioner had brought proceedings against the first respondent was set out in my judgment of 7 October 2020, when I made restraining orders in relation to certain property, including a property at 775 Telegraph Road, Canterbury, registered in the names of the first respondent and WF Trustees 2004 Ltd.1 Having read the memorandum of counsel in which they seek orders by consent and having considered the information already referred to, I am satisfied the proposed settlement agreement is consistent with the purposes of the Criminal Proceeds (Recovery) Act and is in the overall interests of justice.

[3]I accordingly make orders as follows:

1.   in accordance with the Memorandum of Counsel dated 18 October 2021 seeking approval of a settlement, this Court approves the settlement in accordance with s 95 of the Criminal Proceeds (Recovery) Act 2009;

2.   the determination was made with the consent of the parties;

3.   as a result of the determination, the Court makes the following order:

(a)the value of the unlawful benefit is $60,000.00;

(b)the maximum recoverable amount is $60,000.00;

(c)the Court makes a profit forfeiture order in the sum of $60,000.00;

(d)the first respondent will, upon the making of this order, pay the sum of $60,000.00 into the trust account of the Official Assignee;

1      Commissioner of Police v Jones [2020] NZHC 2628.

(e)upon receiving confirmation of the receipt of the sum of $60,000.00 in clear funds by the Official Assignee, the Commissioner of Police shall forthwith file a memorandum notifying the Court that the terms of the profit forfeiture order have been met and confirming that the restraining order in relation to the following property should be rescinded by the Court:

i.the residential property at 775 Telegraph Road, Canterbury described in certificate of title CD34C/837, registered in the names of Elizabeth Anne Jones and WF Trustees 2004 Limited.

4.   Costs lie where they fall.

Solicitors:

Raymond Donnelly & Co., Christchurch White Fox & Jones., Christchurch.