Commissioner of Police v Saunders

The case of Commissioner of Police v Saunders involves the Commissioner of the New Zealand Police as the applicant and Shane David Saunders, Robina Shaw Saunders, Bevan Patrick Te Tai, and Amanda Jane Te Tai as the respondents. The dispute revolves around the potential forfeiture of assets under the Criminal Proceeds (Recovery) Act 2009. The case was dealt with on the papers and a judgment was issued on 18 December 2012 by Justice Chisholm. The legal issues before the court involved the approval of a settlement between the Commissioner and the third and fourth respondents, Bevan Patrick Te Tai and Amanda Jane Te Tai. The court had to determine if the settlement was consistent with the purposes of the Criminal Proceeds (Recovery) Act 2009 and the overall interests of justice. The court found that the proposed settlement was consistent with the Act and the interests of justice, and approved the settlement terms. The settlement required the police to accept a $30,000 profit forfeiture order, paid from the respondents' bank account, with the remaining balance to be released to the respondents.

The court's reasoning in approving the settlement was based on its familiarity with the circumstances of the case, including the original application for the restraining order and subsequent telephone conferences. Justice Chisholm determined that the settlement was consistent with the purposes of the Act and the overall interests of justice, as the police accepted the sum of $30,000 as a profit forfeiture order, and the respondents' bank account balance would be released to them. The court also noted that no order as to costs was sought by either party. Should the need arise, leave was reserved for either party to apply further for the purposes of implementing the settlement. The final orders confirmed the settlement terms as outlined in the judgment.