Commissioner of Police v Linton

[2025] NZHC 1765

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-00061

[2025] NZHC 1765

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

MATTHEW JOHN LINTON

First Respondent

AND

CALEB ANTHONY PASIONE CAFFERY

Second Respondent

AND

ANDREW MICHAEL SMITH

Third Respondent

AND

DANIEL JAY BURGESS

Fourth Respondent

AND

HAMISH LAWS

First Interested Party

AND

AMBER BAKER

Second Interested Party

Hearing:

On the papers

Appearances:

K South for Applicant

First, Third and Fourth Respondents unrepresented D J Matthews for Second Respondent

Judgment:

30 June 2025

JUDGMENT OF EATON J

COMMISSIONER OF POLICE v LINTON [2025] NZHC 1765 [30 June 2025]

[1]                 On 15 April 2024, Tahana J granted an on-notice restraining order in relation to various cash sums associated with the respondents.1

[2]                 The Commissioner has now filed an application for further orders associated with the restraining order. The application is administrative in nature and seeks to correct accounting errors in the sums of cash seized from the respondents and the subject of the restraining order.

[3]                 The respondents, the interested parties and the Official Assignee (OA) have been served.2 An affidavit of service has been filed. No steps in opposition have been taken by or on behalf  of  the  respondents.  The  supporting  affidavit  of  Christopher Roberts explains that he has recently researched the sums recorded in respect of the individual cash exhibits, some of which involved quantities of coin. That review has identified discrepancies in the cash amounts set out in the restraining order. He also identified a clerical error in relation to property attributed to the fourth respondent.

[4]                 I am satisfied it is appropriate to make an order in terms of application. I vary the restraining order accordingly to read as follows:

(a) $36,242.30 (found as $368.20, $10,000, $25,020 and $854.10) when a search warrant was executed at 148 Baker Street, New Brighton, Christchurch, and a  BMW vehicle registration number PNS507 on  13 October 2023.

(b)$5,900 cash located in the possession of Andrew Smith during his arrest on 17 October 2023, on Pegasus Boulevard, Pegasus, Waimakariri.

(c)$15,450 cash seized from  Hamish  Laws (first  interested party) on  17 October 2023, who had removed the cash from Andrew Smith’s residence of 14 Waimarie Street, Pegasus, Waimakariri.

1      Commissioner of Police v Linton HC Christchurch CIV-2024-409-61, 15 April 2024.

2      The proceedings have been resolved against the second respondent.

(d)$22,435 (found as $20,865 and $1,570) located during the execution of a search warrant on 8 November 2022 at Mr Burgess’ home address of 44 Teesdale Street, Burnside, and in a Ford Ranger vehicle, registration NYR740, belonging to Mr Burgess.

...................................................

Eaton J

Solicitors:

Crown Solicitors, Christchurch

Counsel:
D J Matthews, Barrister,

Copy to:

Official Assignee M J Linton

A M Smith D J Burgess H Laws