Commissioner of Police v Philip

[2016] NZHC 2305

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-000834 [2016] NZHC 2305

IN THE MATTER	of an application for forfeiture orders
UNDER	the Criminal Proceeds (Recovery) Act 2009
BETWEEN	COMMISSIONER OF POLICE Applicant
AND	JOHN DOUGLAS PHILIP Respondent

Hearing:	28 September 2016
Counsel:	K E Hogan for Applicant P J Kaye for Respondent
Judgment:	28 September 2016

ORAL JUDGMENT OF DOWNS J

Solicitors/Counsel:

Kayes Fletcher Walker, Manukau.

P J Kaye, Auckland.

COMMISSIONER OF POLICE v PHILIP [2016] NZHC 2305 [28 September 2016]

[1]      This was to be an opposed application for forfeiture of $215,410 in cash pursuant  to  the  Criminal  Proceeds  (Recovery) Act  2009,  but  there  has  been  a development this morning.   After conferring with the respondent, who is present, Mr Kaye has sought leave to withdraw the respondent’s notice of opposition to the application by the Commissioner.

[2]      I grant that application.  I also grant the application for forfeiture of the cash.

[3]      I commend Mr Philip for his realism.  The cash was found in connection with a large quantity of methamphetamine in circumstances in which the respondent has now been convicted of supplying very large quantities of methamphetamine in periods proximate to the discovery of the cash.  Nothing more need be said.

……………………………..

Downs J