Commissioner of Police v McIvor

[2020] NZHC 3149

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2019-419-000163

[2020] NZHC 3149

UNDER

the Criminal Proceeds (Recovery) Act 2009

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

JARON DAVID McIVOR

Respondent

CIV-2019-419-000280

BETWEEN

COMMISSIONER OF POLICE
Applicant

AND

ANDREW WILLIAM McIVOR

Respondent

Hearing:	On the papers
Judgment:	30 November 2020

JUDGMENT OF DOWNS J

This judgment was delivered by me on Monday, 30 November 2020 at 11.30 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Crown Solicitor, Hamilton. McKenna King Ltd, Hamilton.

COMMISSIONER OF POLICE v McIVOR [2020] NZHC 3149 [30 November 2020]

[1]        Police investigated Jaron McIvor for downloading and selling pirated movies. The Commissioner of Police restrained funds in his bank accounts totalling almost

$818,000  and  crypto-currencies  now  worth  more  than $21 million.     Mr McIvor acknowledged profiting from downloading and selling movies protected by copyright.

[2]        Some of Mr McIvor’s ill-gotten gains found their way to bank accounts of his brother, Andrew. The Commissioner restrained almost $386,000 and crypto- currencies now worth $1.77 million in his accounts.

[3]The brothers recently agreed to forfeiture of all crypto-currencies and all but

$400,000. I approved their agreement with the Commissioner on 16 November 2020.

[4]        I was satisfied this outcome was consistent with the purposes of  the  Criminal Proceeds (Recovery) Act 2009, and the overall interests of justice. I reached this conclusion because the overwhelming majority of restrained funds were forfeited, and litigation over the balance (of $400,000) would be disproportionately expensive and time consuming. In short, I considered settlement met the public interest.

……………………………..

Downs J