Commissioner of Police v Nguyen

[2018] NZHC 1338

ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES OR IDENTIFYING PARTICULARS OF RESPONDENTS UNTIL THE FINAL DISPOSITION OF TRIAL.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-2117

[2018] NZHC 1338

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

NGOC MINH NGUYEN

First Respondent

THANH QUI PHAN
Second Respondent

HSIANG-YAO HSU

Interested party

Hearing:

On the papers

Counsel:

L J Fraser for Applicant

D Reece for First Respondent
G Newell for Second Respondent

Judgment:

8 June 2018

JUDGMENT OF WHATA J

This judgment was delivered by me on 8 June 2018 at 12.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Meredith Connell, Auckland

COMMISSIONER OF POLICE v NGUYEN [2018] NZHC 1338 [8 June 2018]

[1]                   I have before me a joint memorandum of counsel seeking asset forfeiture orders. The application relates to the following property:

[a]A 2010 BMW Z4 motor vehicle, registration HFS368, registered to Ms Nguyen;

[b]Cash totalling $13,705, seized from Unit 6a, 15 City Road, Auckland, on 31 March 2017, together  with  interest  acquired,  attributed  to  Mr Phan; and

[c]A 2008 Mercedes Benz C200 motor vehicle, registration KFG41, registered to Mr Hsu.

[2]                   On 31 March 2017, Ms Nguyen and Mr Phan were charged following an investigation and execution of search warrants for various drug offences, including importation of methamphetamine, possession of methamphetamine for supply and supply of methamphetamine. The full background of the offending is set out in a comprehensive affidavit of Chup Yung Ares Chui. Ms Nguyen and Mr Phan’s ownership of the property is not disputed, the details of which are set out in an affidavit of Nicholas Perry Davenport.

[3]                   Given that the orders are made by consent and involve no compromise on the part of the Commissioner, I am satisfied that there should be forfeiture orders as sought under s 50 of the Criminal Proceeds (Recovery) Act 2009, together with further orders ancillary to the restraining orders, under ss 33 – 35 of the Act, as sought.

[4]More specifically, I make the following orders:

[a]Assets forfeiture orders under s 50 of the Act:

The following property vests in the Crown absolutely and is to be under

the Official Assignee’s custody and control:

[i]the 2010 BMW Z4 motor vehicle, registration HFS368, registered to Ms Nguyen; and

[ii]Cash totalling $13,705, seized from Unit 6a, 15 City Road, Auckland, on 31 March 2017, together with interest acquired, attributed to Mr Phan.

[b]Further orders ancillary to restraining orders under ss 33 – 35 of the Act

[i]the order to sell the 2008 Mercedes Benz C200 motor vehicle, registration KFG41, registered to Mr Hsu made by Duffy J on 10 November 2017 is revoked and the Mercedes is released from restraint; and

[ii]the Official Assignee is directed to deliver the Mercedes to Auto Finance Direct Limited.