Commissioner of Police v Khan

[2015] NZHC 1779

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-605 [2015] NZHC 1779

UNDER

the Criminal Proceeds (Recovery) Act

2009

BETWEEN

COMMISSIONER OF POLICE Applicant

AND

DENNIS SALMAN AHMED KHAN Respondent

Hearing:	On the papers
Counsel:	K Eastwood for applicant PJ Kaye for respondent JB Murray for Mrs Laxman, interested party
Judgment:	30 July 2015

JUDGMENT OF FAIRE J

This judgment was delivered by me on 30 July 2015 at 5:00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Meredith Connell, Auckland

Vallant Hooker & Partners, Auckland

PJ Kaye, Auckland

Commissioner of Police Khan [2015] NZHC 1779 [30 July 2015]

[1]      The Commissioner of Police, the respondent and an interested party seek the Court’s approval of a proposed settlement of the Commissioner’s application for civil forfeiture orders, pursuant to s 95 of the Criminal Proceeds (Recovery) Act

2009.

[2]      Counsel have filed a joint memorandum which is very helpful.  It sets out the background, the proposed settlement and the reasons why, in terms of s 95, the proposed settlement is consistent with the purposes of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice.   I accept and agree with counsel’s summary.

[3]      Accordingly, it is appropriate that I approve the settlement.  I therefore make

orders in terms of paragraph 5 of counsel’s memorandum.

[4]      As  a  consequence  of  the  orders  made  in  this  judgment,  the  call  of  this proceeding on 3 August 2015 is vacated and counsel’s appearances are excused.

JA Faire J