Commissioner of Police v Mitchell

[2024] NZHC 2242

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-43

[2024] NZHC 2242

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

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

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

ELLIOT JAMES MITCHELL

Respondent

Counsel:	C C White for Applicant C J Lange for Respondent
Judgment:	9 August 2024
(Determined on the papers)

JUDGMENT OF OSBORNE J

Restraining Order

[1]                 The Commissioner of Police applies under the Criminal Proceeds (Recovery) Act 2009 (the Act) for a restraining order in relation to units of crypto currency.

[2]                 A restraining order was previously (on 15 April 2024) made in relation to a sum of cash seized from the respondent and various units of crypto currency seized from the respondent’s crypto-wallets.

[3]                 The Commissioner’s fresh application relates to 41.8125 units of Solana (SOL) crypto currency, totalling approximately $10,911.98 (NZD).

COMMISSIONER OF POLICE v MITCHELL [2024] NZHC 2242 [9 August 2024]

[4]                 I note the filing of Mr Lange’s memorandum. The application is supported by a fresh affidavit of Detective Emmie Alfeld, who is attached to the Financial Crime Group, New Zealand Police, Southern Asset Recovery Unit.

[5]The respondent does not oppose the granting of this fresh restraining order.

[6]                 There are reasonable grounds to believe the property is tainted property, and that the respondent has unlawfully benefitted from significant criminal activity.

Order

[7]I order:

(a)the property referred to in this order is 41.8125 units of Solana (SOL) crypto currency totalling approximately $10,911.98 (NZD) at the date of the application (property);

(b)the property is not to be disposed of, or dealt with, other than as provided for in this order; and

(c)the property is to be under the Official Assignee’s custody and control.

Osborne J

Solicitors:

Crown Solicitor, Christchurch for Applicant

Nick Rout, Solicitor, Christchurch for Respondent Counsel: C J Lange, Barrister, Christchurch