Commissioner of Police v Maxwell

[2021] NZHC 3532

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CIV-2020-443-54

[2020] NZHC 3532

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application under sections 22, 24 and 25 of the said Act

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

LOGAN REECE MAXWELL

First Respondent

MARGARET JEAN O’BRIEN

Second Respondent

On the papers:
Counsel:	J M Marinovich for Applicant
Judgment:	24 December 2020

JUDGMENT OF CHURCHMAN J

[1]    By application filed at Court on 23 December 2020, the applicant seeks a restraining order on a without notice basis under ss 22, 24 and 25 of the Criminal Proceeds (Recovery) Act 2009 (the Act).

[2]    The application was supported by an affidavit from Detective Constable Jeremy Chaston and a memorandum of counsel.

Grounds

[3]    The grounds upon which the without notice for a restraining order sought were that the first and second respondents had been engaged in significant criminal activity;

THE COMMISSIONER OF POLICE v MAXWELL [2020] NZHC 3532 [24 December 2020]

that the property sought to be restrained had been acquired with the proceeds of such activity and that there was a risk of the property being disposed of if a restraining order was not made.

[4]    The affidavit of Detective Chaston outlined the grounds and evidence which it was submitted justified the making of a restraining order in respect of the property identified in the application, as well as the details upon which it was submitted that the order should be made on a without notice basis in accordance with s 22 of the Act.

Analysis

[5]    Having reviewed the material filed in support of the application, I am satisfied that grounds exist both for proceeding on a without notice basis and, for the making of the orders sought.

[6]    The evidence provides a basis for the drawing of an inference that the first and second respondents have unlawfully benefitted from significant criminal activity and confirms that there is a risk of the proposed restrained property being destroyed, disposed of, altered, or concealed if notice were given to any or all of the persons who, to the applicant’s knowledge, have an interest in the proposed restrained property (including the respondents).

Outcome

[7]Accordingly, I make the following order:

(a)that the property specified in [8] of this affidavit is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and

(b)pending further order of the Court, the property is to be under the Official Assignee’s custody and control.

[8]The property referred to in [7] of this affidavit is as follows:

(a)the total sum of sum of $33,050 seized on Sunday 6 December 2020 from a safety deposit box, box number 95 belonging to the first respondent, Logan  Maxwell,  located  at  Security  Deposit  Vaults,  17 Farnham Street, Auckland;

(b)the total sum of $322,700 seized on Sunday 6 December 2020 from a safety deposit box, box number 222 belonging to the second respondent, Margaret O’Brien, located at  Security  Deposit  Vaults, 17 Farnham Street, Auckland;

(c)the total sum of $14,350 seized on 11 December 2019 from a safe at 26 Juliet Street, Stratford;

(d)the available credit account balance of the following Kiwibank accounts, plus interest, in the name of the second respondent, Margaret Jean O’Brien, namely:

[redacted]

(e)a 2020 Toyota C-HR Limited motor vehicle including ignition keys, registration plate number MYG764, registered in the name of the second respondent, Margaret Jean O’Brien, and under the effective control of the first respondent; and

(f)a 2008 Holden Commodore motor vehicle including ignition keys, registration plate number EJG920, registered in the name of the second respondent, Margaret Jean O’Brien, and under the effective control of the first respondent.

[9]    The applicant is to file an application for a restraining order on notice within seven days from the date this without notice restraining order is made.

Churchman J

Solicitors:
C&M Legal, New Plymouth for Applicant