Commissioner of Police v McMillan

[2021] NZHC 1973

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-232

[2021] NZHC 1973

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

an application under ss 22 and 25

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

KENNY LESLIE MCMILLAN

Respondent

DEAN ANTHONY MORIARTY
First Interested Party

BENJAMIN ROBER FIRN NORTHROP

Second Interested Party

Hearing:	2 August 2021
Counsel:	S B McCusker for Applicant No appearance for Respondents
Judgment:	2 August 2021

ORAL JUDGMENT OF CHURCHMAN J

[1]    An on notice restraining order in these proceedings was made on 5 August 2019 and is set to expire on 5 August 2021.

[2]    An application to extend the duration of the  restraining order for a further   12 months was filed on 8 July 2021.

[3]    The first respondent in these proceedings remains before the Court. He is currently scheduled to be sentenced in the Wellington High Court on 13 August 2021.

COMMISSIONER OF POLICE v MCMILLAN & ORS [2021] NZHC 1973 [2 August 2021]

The Commissioner intends to file an application for forfeiture orders following the making of further inquiries and the conclusion of the sentencing proceedings, and any other criminal proceedings in respect of the first respondent.

[4]    The applicant asks that the restraining order remain in force until the Commissioner’s intended forfeiture application has been concluded, and for that reason seeks the following two orders:

(a)an order extending the duration of the restraining order for 12 months so as to expire on 5 August 2022; and

(b)that these proceedings be called again in the Judge’s Chambers List on 1 November 2021 for the Commissioner to update the Court on the outcome of the first respondent’s criminal proceedings and the progress of his forfeiture application.

[5]    Both of these applications are granted. The order is extended for 12 months and this matter is adjourned for call again on 1 November 2021.

Churchman J

Solicitors:

Crown Solicitor Office, Wellington for Applicant