Commissioner of Police v Nathan

[2022] NZHC 1072

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-354

[2022] NZHC 1072

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 43, 44, 49 and 52 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

WAIAANA BELINDA NATHAN

Respondent

AND

KARINA MARAMA NATHAN

Interested Party

Appearances:

C White for Applicant

B G Walker for Respondent G P Davis for Interested Party

Judgment:

16 May 2022

(Determined on the papers)

JUDGMENT OF OSBORNE J

(by consent)

[1]                   The Commissioner of Police applies under the Criminal Proceeds (Recovery) Act 2009 (the Act) for an assets forfeiture order over a sum of $32,616.70 in cash (the cash). The cash was seized at the home of the respondent, Waiaana Nathan, when she was arrested on a series of drug and firearm offences, in relation to which she has subsequently been sentenced to three years’ imprisonment.

[2]                   The Commissioner’s application, opposed by the respondent, was scheduled for hearing tomorrow.

COMMISSIONER OF POLICE v NATHAN [2022] NZHC 1072 [16 May 2022]

[3]                   Also for hearing was an opposed application of the respondent’s sister, Karina Nathan, for relief against forfeiture.

[4]                   Counsel have this afternoon filed a joint memorandum setting out the terms of a resolution reached between the parties.

[5]The orders sought, by consent, are within the jurisdiction of the Court.

Orders

[6]I order by consent:

(a)the interested party has leave to withdraw her application for relief, with that application hereby withdrawn, with no order for the costs and disbursements of the application;

(b)the respondent has leave to withdraw her opposition to the applicant’s forfeiture application;

(c)the value of the benefit determined in accordance with s 53 Criminal Proceeds (Recovery) Act 2009 is, as the case requires, $32,616.70;

(d)the maximum recoverable amount is $32,616.70;

(e)the following property has to be realised, namely $32,616.70 cash located at the respondent’s address; and

(f)there is no order as to the costs and disbursements of the forfeiture application.

Osborne J

Solicitors:

Crown Solicitor’s Office, Christchurch Shaun Cottrell Law, Christchurch Kevin Smith Law Limited, Wellington

Barristers:

G P Davis, Christchurch B G Walker, Christchurch