Commissioner of Police v Larsen

[2015] NZHC 1520

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2015-419-199 [2015] NZHC 1520

UNDER

the Criminal Proceeds (Recovery) Act

2009

BETWEEN

THE COMMISSIONER OF POLICE Applicant

AND

CHRISTINE MARY LARSEN First Respondent

KARINA RAEWYN LARSEN Second Respondent

Hearing:	On the Papers
Counsel:	T C Tran for Applicant No appearance for First and Second Respondents
Judgment:	2 July 2015

JUDGMENT OF WHATA J

This judgment was delivered by Justice Whata on

2 July 2015 at 2.00 p.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

Crown Solicitor, Hamilton

THE COMMISSIONER OF POLICE v LARSEN [2015] NZHC 1520 [2 July 2015]

[1]      This is a without notice application for a restraining order.

[2]      The first and second respondents pleaded guilty to the following charges:

(a)      Unqualified  person  must  not  claim  to  be  a  health  practitioner, pursuant to s 7 of the Health Practitioners Competence Assurance Act

2003 between the period of 1 February 2012 and 25 August 2014. (x 3);

(b)Certain activities restricted to particular health practitioners, pursuant to  s 9  of  the  health  Pactitioners  Competence Assurance Act  2003 between the period of 1 February 2012 and 25 August 2014. (x 31)

[3]      The Commissioner alleges that the respondents have benefited or derived benefits from their offending in the sum of not less than $414,040.  The details of the Ministry’s investigation, the charges and the alleged proceeds of the criminal activity are essayed in the affidavit of Detective Mark Andrew Watt in support of the without notice application for restraining order.1

[4]      The application relates to the following property:

(a)      The property at 303 Fenton Street, Thames, legally described as fee simple  estate,  being  all  the  land  comprised  and  described  in Certificate  of  Title  240172,  South  Auckland  Land  Registration District, being 820 square metres more or less, being Lot 2 Deposited Plan 358980.  (The first respondent is the registered proprietor of this property.)

(b)The property at 721 Poland Street, Thames, legally described as fee simple estate, being all land comprised and described in Certificate of

1      I note that the detective avers that between 1 February 2012 and 28 November 2014, (the period Ministry charges relate) Peninsula Denture Services Ltd of which the first respondent is a director, received funds totalling $414,020. (Paragraph 50.6). The difference is de minimis.

Title SA50C/594, South Auckland Land Registration District, being

220 square metres more or less, being Lot 3 Deposited Plan South Auckland 61212.  (The first respondent is the registered proprietor of this property.)

(c)      The property at 109 Parawai Road, Thames, legally described as fee simple estate, being all land comprised and described in Certificate of Title SA54C/815, South Auckland Registration District, being 471 square metres more or less, being Lot 1 Deposited Plan South Auckland 65583.  (The second respondent is the registered proprietor of this property.)

(d)$20,000.00 funds in account number 03-0458-0331530-81, Westpac New Zealand, held under the name of Karina Raewyn Larsen in trust for Isabelle Grace Gunn, account.

[5]      Counsel for the Commissioner advises that there is an advertisement for the sale of the property at 721 Poland Street, Thames.

[6]      Based on Detective Watts’ evidence I am satisfied that there are reasonable

grounds to believe:

(a)       The property concerned is “tainted property” pursuant to s 24 of the

Criminal Proceeds (Recovery) Act 2009 (the Act).

(b)The respondents have unlawfully benefited from significant criminal activity (being a sum in excess of $30,000 pursuant to ss 6 and 25 of the Act).

[7] There shall be a restraining order accordingly in relation to the property identified at [4]. As the order is, however, a without notice order, it shall lapse after seven days if an application on notice is not proceeded with.