Commissioner of Police v Laughton

[2025] NZHC 1315

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-504

[2025] NZHC 1315

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 22, 24 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DUANE ANDREW LAUGHTON

Respondent

AND

BANK OF NEW ZEALAND

First Interested Party

AND

RYAN ROSANTINA CECILIA

Second Interested Party

Hearing:	Determined on the papers
Appearances:	K South and O Welsh for Applicant T Aickin for Respondent
Judgment:	23 May 2025

JUDGMENT OF OSBORNE J

[1]    The Commissioner of Police previously obtained a restraining order over property of the respondent, Duane Laughton. The Commissioner now applies, under s 33 of the Criminal Proceeds (Recovery) Act 2009, for an early sale order in relation to certain of the restrained property. Mr Laughton does not oppose the early sale order.

COMMISSIONER OF POLICE v LAUGHTON [2025] NZHC 1315 [23 May 2025]

Background

[2]    Mr Laughton is the owner of a property in Hornby, Christchurch. In July 2022 the police executed a search warrant at the property.

[3]    Detective Emmie Alfeld has by affidavit given evidence of the finding of a cannabis-growing operation at the property, including seedlings, live plants, and harvested cannabis.

[4]    Mr Laughton was subsequently charged with and convicted of cultivating cannabis. Investigations undertaken by police into Mr Laughton’s finances over the period 2017 to 2023 indicated Mr Laughton had earned an average net income of

$56,095.94 per year, without evidence to show that anything approaching that sum was derived from legitimate sources.

[5]    Detective Alfeld’s evidence indicates mortgage payments in relation to the property have been met from the allegedly tainted funds. Her evidence also indicates Mr Laughton’s  2018  Ford  Ranger  motor  vehicle   was   partly   financed   from Mr Laughton’s funds and Mr Laughton’s alloy boat, trailer and outboard motor were probably purchased utilising funds from Mr Laughton’s bank account.

Discussion

[6]    I am satisfied there are reasonable grounds to believe Mr Laughton has unlawfully benefitted from significant criminal activity and that an early sale order is appropriate.

Orders

[7]I order:

(a)There is an order for sale of the “boat” as defined in the application for

further orders dated 19 May 2025 in terms of that application.

Osborne J

Solicitors:

Crown Solicitor, Christchurch

Copy to: T Aickin, Barrister, Christchurch