Commissioner of Police v Saunders

[2012] NZHC 3479

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

CIV-2012-418-000069 [2012] NZHC 3479

BETWEEN  THE COMMISSIONER OF THE NEW ZEALAND POLICE

Applicant

ANDSHANE DAVID SAUNDERS First Respondent

ANDROBINA SHAW SAUNDERS Second Respondent

ANDBEVAN PATRICK TE TAI Third Respondent

ANDAMANDA JANE TE TAI Fourth Respondent

Hearing:         Dealt with on the papers

Judgment:      18 December 2012

JUDGMENT OF CHISHOLM J

[1]      On 26 June 2012 I made a restraining order relating to the property of the third and fourth respondents at 123 Peel Street, Westport, together with their ASB bank account.  At subsequent telephone conferences the possibility of a settlement between the applicant and the third and fourth respondents was traversed and agreement has now been reached as to the terms of the settlement.

[2]      At this stage there is no formal application before the Court for a forfeiture order (in this case a profit forfeiture order) in relation to the assets of the third and fourth respondents referred to above.   I therefore treat the joint memorandum of counsel dated 14 December 2012 as an application for the same under the Criminal

Proceeds (Recovery) Act 2009.

COMMISSIONER OF NEW ZEALAND POLICE V SAUNDERS HC GRY CIV-2012-418-000069 [18

December 2012]

[3]      Under s 95 of the Act a settlement between the Commissioner and any other party does not bind the parties unless it is approved by the High Court.  The High Court must approve the settlement if it is satisfied that it is consistent with the purposes of the Act and the overall interests of justice.

[4]      Having been involved in the original application for the restraining order and subsequent telephone conferences I am familiar with the circumstances surrounding the  application  for  forfeiture.    I  am  satisfied  that  the  proposed  settlement  is consistent with the purposes of the Act and the overall interests of justice.

[5]      The following settlement is confirmed:

(a)      The police will accept the sum of $30,000 as a profit forfeiture order, in full settlement of all matters involving the third and fourth respondents in terms of the Criminal Proceeds (Recovery) Act 2009.

(b)The sum of $30,000 is to be paid from the bank account and the balance of the bank account is to be released to the third and fourth respondents.

(c)       No order as to costs is sought by either party.

[6]      Should the need arise, leave is reserved to either party to apply further for the purposes of implementing the settlement referred to in the preceding paragraph.

Solicitors:

Raymond Donnelly, P O Box 533, Christchurch 8140,  [email protected]

Michael Knowles, P O Box 2157, Christchurch 8140,