Commissioner of Police v Poa

[2024] NZHC 1977

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-101

[2024] NZHC 1977

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

RICKY MICHAEL TE RANGI POA

First Respondent

AND

SOPHIE LOUISE POA

Second Respondent

Hearing:

1 July 2024

Appearances:

K South and O J Welsh for the Applicant

A M S Williams and K N Stitely for the First Respondent

Judgment:

17 July 2024

DETERMINATION OF HARLAND J

(early sale order)

[1]    On 15 April 2024, Tahana J made a restraining order with consent of the respondents in relation to various items of property, including a 2012 Harley Davidson Dyna Fat Boy motorcycle registration number C6BEJ. The restraining order was made on a without prejudice basis to the substantive forfeiture or criminal proceedings.

[2]    The Commissioner has now applied for early sale of the motorcycle registration C6BEJ.

[3]    The application was called before me on 1 July 2024. A memorandum of consent was filed indicating that the parties’ consent to the making of the order for early sale under ss 33 and 35(e)(v) of the Criminal Proceeds (Recovery) Act 2009.

COMMISSIONER OF POLICE v POA [2024] NZHC 1977 [17 July 2024]

[4]    I have read the application, the supplementary affidavit of Duncan Robert Bull in support of the application (affirmed 20 June 2024), and the submissions by counsel for the applicant in support of the early sale order. I am satisfied that, having read the documents, including the memorandum of counsel seeking orders by consent, it is appropriate to make the order sought.

[5]I make the following order:

(a)  the Official Assignee is authorised to sell the 2012 Harley Davidson Dyna Fat Boy motorcycle registration number C6BEJ, Vin number 1HD1GYM38CC325208, currently registered to persons unknown, which was located inside Unit 22 at ARL Coolstores at 95/113 Hilton Street, Kaiapoi on 5 October 2023.

Harland J

Solicitors:

Crown Solicitor’s Office, Christchurch AMS Williams, Barrister, Christchurch.