Commissioner of Police v Pukekura

[2024] NZHC 589

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2024-470-25

[2024] NZHC 589

UNDER

the Criminal Proceeds (Recovery) Act 2009

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

FRANK TE RANGATAHI PUKEKURA

Respondent

Hearing:

19 March 2024 (by telephone)

Counsel:

R W Jenson for Applicant

No appearance by or on behalf of Respondent

Judgment:

19 March 2024

JUDGMENT OF BREWER J

Solicitors:

Pollett Legal (Tauranga) for Applicant

THE COMMISSIONER OF POLICE v PUKEKURA [2024] NZHC 589 [19 March 2024]

[1]    On 20 February 2023, the police lawfully searched a property occupied by  Mr Pukekura. Inside the property and scattered throughout the police found cannabis and methamphetamine. The police also found $31,230 in cash largely contained in the pockets of various jackets hung in the property. The cash was roughly bound in the same manner and in denominations of $50 and $20.

[2]    Mr Pukekura was charged with possession of cannabis, possession of methamphetamine and possession of utensils for methamphetamine. He was convicted on those charges and sentenced to 150 hours’ community work on 25 May 2023.

[3]    The Commissioner of Police now applies for an asset forfeiture order in respect of the cash. The asset forfeiture order would vest the cash in the Crown absolutely and put it into the custody and control of the Official Assignee.

[4]    Mr Pukekura has been served with the application and he indicated to the process server that he would take no steps. Indeed, he has not taken any steps and accordingly I invited Mr Jenson for the Commissioner to make submissions this morning by way of formal proof.

[5]    I have the affidavit of David Andrew Hopkins in support of the application. This was sworn on 2 February 2024 and filed in the Court on 8 February 2024. It tells me about the search and what was found and where.

[6]    Mr Pukekura is aged 65 years and has had a long-time association with the Mongrel Mob. He is a patched member and has held senior roles, including being the Tauranga chapter president in 2005.

[7]    Mr Pukekura has not declared any income to the Commissioner of Inland Revenue in the period 2017 to 2023. He was asked about the money and he said that it was raised from the sale of glass pipes which he made and sold for the purpose of smoking methamphetamine. However, Mr Hopkins deposes that in order to raise the amount of cash, he would have had to have manufactured and sold about 5,205 of the

glass pipes. There was also a suggestion of fundraising by nephews, but nothing has been put forward to indicate how that could account for the $31,230.

[8]    In these circumstances, I am satisfied on the balance of probabilities that the cash is tainted property as defined in s 5 of the Criminal Proceeds (Recovery) act 2009 (the Act). That is to say, it has been acquired as the result of significant criminal activity, namely the sale of cannabis and/or methamphetamine. I have taken into account the meaning of “significant criminal activity” as defined in s 6 of the Act.

[9]    I am also satisfied on the balance of probabilities that the tainted cash was in Mr Pukekura’s possession and that he has accordingly unlawfully benefited from significant criminal activity as defined in s 7 of the Act.

[10]   Accordingly, on the balance of probabilities I am satisfied that the Commissioner has established the prerequisites for the making of the orders he seeks. I accordingly grant the Commissioner’s application and order that the cash vest in the Crown absolutely and be in the Official Assignee’s custody and control.

Brewer J