Commissioner of Police v Mackle

[2024] NZHC 2406

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CIV-2024-406-0008

[2024] NZHC 2406

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

an on-notice application for a restraining order pursuant to ss 21, 24 and 25

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

CHRISTOPHER WILLIAM EDWARD MACKLE

Respondent

Hearing:

26 August 2024

Counsel:

J M Webber for Applicant

R A Harrison for Respondent

Judgment:

27 August 2024

JUDGMENT OF GRAU J

[Application for an on-notice restraining order – On the papers]

[1]    This matter was called in the Criminal Proceeds List yesterday. The Commissioner of Police (the Commissioner) seeks an on-notice restraining order by application made on 16 May 2024.

[2]    Counsel for Mr Mackle confirmed that the on-notice restraining order can be made unopposed given that the Commissioner will not realistically be taking any further steps until Mr Mackle’s criminal proceedings are resolved.

[3]    The application relates to cash totalling $75,900 seized from Mr Mackle on 20 March 2024.  The seizure of the cash followed an investigation by the Department

COMMISSIONER OF POLICE v CHRISTOPHER WILLIAM EDWARD MACKLE [2024] NZHC 2406 [27

August 2024]

of Internal Affairs (DIA) in relation to scam text messages. In early 2024, the DIA became aware of a scam messaging operation based in Kaikoura, and Mr Mackle’s family home was identified as being connected with it. Mr Mackle was identified as the purchaser of 27,000 SIM cards used to register a WhatsApp account that recipients of the scam messages (some 13,000) were directed to. When DIA executed a search warrant at Mr Mackle’s home they found large numbers of SIM cards, Prezzy cards, cryptocurrency wallet keys, and cash. Mr Mackle was located at another address along with more SIM cards and cash. Mr Mackle also discarded a laptop and cryptocurrency wallet. A financial analysis has determined that Mr Mackle’s legitimate income over the past six years is not at a level that could sustain saving $75,900 as well as servicing day to day living.

[4]    Mr Mackle currently faces a charge of possessing goods capable of being used to facilitate crimes involving dishonesty under s 228C of the Crimes Act 1961 and failing to carry out obligations in relation to a computer search under s 178 of the Search and Surveillance Act 2012.1

[5]Restraint is sought of the following property:

(a)$64,550 cash seized from a box under Mr Mackle’s bed at his family home at 129 Mt Fyffe Road, Kaikoura;

(b)$5,700    cash    seized    from    the    master    bedroom    wardrobe    at 67 Shearwater Drive, Kaikoura 20 March 2024; and

(c)$5,650 cash seized from Mr Mackle’s vehicle parked at 67 Shearwater Drive, Kaikoura on 20 March 2024.

[6]    On the basis of the affidavit of Rochelle Fitzgerald in support of the on-notice application for the restraining order, I am satisfied there are reasonable grounds to

1      Maximum penalties of three years’ imprisonment and three months’ imprisonment respectively.

believe that the property described above is tainted property, and the respondent has unlawfully benefitted from significant criminal activity.2

[7] I grant the on-notice restraining order in respect of the property described above at [5].

[8]    This matter will be called again the Criminal Proceeds List on 16 December 2024 to monitor progression of any forfeiture order applications by the Commissioner.

Grau J

ODW, Nelson for Applicant
Inangahua Chambers, Blenheim for Respondent

2      As defined in ss 5 and 6 of the Criminal Proceeds (Recovery) Act 2009 (the Act). The cash seized from Mr Mackle exceeds the $30,000 “threshold amount” in s 6(1)(b) of the Act to amount to significant criminal activity.