Commissioner of Police v Miller

[2023] NZHC 3536

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2023-409-612

[2023] NZHC 3536

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to sections 21, 24 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

MELISSA RENEE MILLER

Respondent

Hearing:

4 December 2023

Appearances:

C C White for the Applicant

No appearance for the Respondent

Judgment:

6 December 2023

JUDGMENT OF PRESTON J

This judgment was delivered by me on 6 December 2023 at        pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date……………

COMMISSIONER OF POLICE v MILLER [2023] NZHC 3536 [6 December 2023]

[1]        The Commissioner of Police applies on notice to restrain specified property (the property), namely:

(a)$61,090.40, seized from Melissa Miller’s car and home on 8 December 2022; and

(b)funds, currently $3,294.08 (plus any accrued interest), in a Kiwisaver account in Ms Miller’s name.1

[2]        The Commissioner says that the property  is  tainted  property  and/or  that Ms Miller has unlawfully benefitted from significant criminal activity as defined in the Criminal Proceeds (Recovery) Act 2009.

[3]The application came before me in the Duty Judge list on 4 December 2023.

[4]        In support of the application, the Commissioner filed an extensive affidavit from investigator Sally Pollock, affirmed 7 November 2023. In summary Ms Pollock sets out a number of matters underlying the application, including that:

(a)Ms Miller came to notice as a result of two Christchurch-based police operations in relation to targets suspected of being involved in the manufacture and supply of methamphetamine.

(b)In the course of a search warrant executed on Ms Miller’s home in New Brighton, and following a police stop of the vehicle Ms Miller was travelling in that day, police located equipment including electronic scales, multiple cash sums, cellphones, ziplock bags, methamphetamine and other drugs and other paraphernalia associated with the supply and use of methamphetamine, in her vehicle and home.

(c)Analysis of Ms Miller’s electronic devices showed evidence of drug dealing.

1      The property is more fully described in the on notice application for restraining order dated 8 November 2023.

(d)Preliminary forensic financial analysis indicates currently unexplained income totalling $327,570.73, in the absence of a regular source of income, and also shows unexplained cash withdrawals of over

$250,000 over the same period: 2018–2022.

[5]        The application and supporting materials were served on the respondent on 10 November 2023. No appearance was made by, or on behalf of, Ms Miller when the application was called.

[6]        Ms Miller has pleaded guilty to a representative charge of supplying methamphetamine, possession for supply of methamphetamine and possession for supply of cannabis plant.

[7]        I discussed with Mr White, counsel for the Commissioner, the reference in the supporting affidavit to a without notice application and to some vehicles. Counsel explained that those references are an oversight, and reflect the Commissioner’s earlier anticipated approach, which is no longer being pursued. That passage does not affect the remainder of Ms Pollock’s affidavit.

[8]        Having heard from Mr White and having read the affidavit in support of the application, I am satisfied there are reasonable grounds to believe Ms Miller has unlawfully benefitted from significant criminal activity, namely the supply and/or possession for supply of methamphetamine, and/or that the property is tainted property. Further, I am satisfied that Ms Miller has interests in the property.

[9]        Accordingly, I grant the order in terms of the on notice application for restraining order dated 8 November 2023.

………………………………………

Preston J

Solicitors:

Crown Solicitor, Christchurch for Applicant