Commissioner of Police v Standen

[2022] NZHC 1086

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-000015

[2022] NZHC 1086

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 43, 44 and 52 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DAREN MARK STANDEN

Respondent

AND

GERARD EAMON FITZPATRICK

First Interested Party

AND

GRAHAM DANIEL LILLEY

Second Interested Party

Hearing:

16 May 2022

Appearances:

S Mallett for the Applicant

No appearance for the Respondent

Judgment:

17 May 2022

JUDGMENT OF NATION J

[1]                  On 21 October 2021, the respondent, Mr Standen, was convicted on two charges of possession of methamphetamine and amphetamine for supply.

[2]On 21 March 2022, Eaton J made orders of restraint of the following assets:

(a)  $226,785 in cash located in a 2009 BMW Saloon and seized by Police on 25 December 2020;

COMMISSIONER OF POLICE v STANDEN [2022] NZHC 1086 [17 May 2022]

(b)  2008 Porsche Cayenne motor vehicle; and

(c)  2003 Audi Quattro Sedan registration MPK920.

[3]                  The interested parties sought to oppose the restraint order insofar as it related to the 2008 Porche Cayenne motor vehicle. On 27 April 2022, with the agreement of the Commissioner, Osborne J varied the restraining order to remove the 2008 Porsche Cayenne. On 11 May 2022, the Commissioner applied for a forfeiture order as to the

$226,785 in cash and the 2003 Audi Quattro Sedan.

[4]                  On 3 March 2022, Mr Standen was sentenced on the charge of possession of methamphetamine for supply and supplying methamphetamine. In his sentencing notes, Judge Gilbert said Mr Standen’s counsel had advised that Mr Standen would no longer be opposing restraint and, I infer, forfeiture of the cash seized from the vehicle. The Judge said, while that will be dealt with in the High Court, Mr Standen’s acceptance of that had been taken into account in commuting the sentence to one of home detention.

[5]                  On 5 April 2022, a specialist investigator attached to the Southern Asset Recovery Unit, Financial Crime Group of the New Zealand Police contacted Mr Standen to arrange service of the sealed orders of its restraint. She said Mr Standen became upset and said he thought it was all over. The investigator said that, if he was adamant he did not wish to oppose the restraint and forfeiture, she could draft a statement confirming his agreement to the making of the orders. On 7 April 2022, another authorised officer with the Police in Auckland served the sealed restraint order on Mr Standen and went through the statement as to agreed forfeiture with him. Mr Standen signed the statement and agreed to the making of the forfeiture orders as to the cash and the 2003 Audi Quattro Sedan.

[6]                  There is evidence for the Commissioner that the Audi Quattro Sedan was stolen from Mr Standen in a gang related robbery. Mr Standen nevertheless asserted he remained the true owner of that vehicle. It is thus appropriate for a forfeiture order to be made as to that asset.

[7]                  The application for a forfeiture order, a further order associated with the restraining order and associated affidavit and annexures were served on Mr Standen on 12 May 2022. On receiving the documents, Mr Standen stated he was not going to challenge the forfeiture and he did not want anything to do with the cars.

[8]                  I am satisfied there are reasonable grounds to believe that the property which is to be the subject of the forfeiture order is tainted property. There are reasonable grounds to believe that such property is Mr Standen’s property and Mr Standen has unlawfully benefited from significant criminal activity, namely the sale of methamphetamine.

[9]Accordingly, and by consent, I make a forfeiture order that:

(a)  the value of the benefit determined in accordance with s 53 of the Criminal Proceeds (Recovery) Act 2009 is, as the case requires, $244,065;

(b)  the maximum recoverable amount is $244,065; and

(c)  the following property is to be realised:

(i)$226,785 in cash located in a 2009 BMW Saloon registration MNL527 and seized by Police on 25 December 2020; and

(ii)a 2003 Audi Quattro Sedan, registration MPK920, valued at between

$8,000 and $13,900 and currently registered to Daren Standen, the respondent.

[10]I make no order as to costs.

Solicitors:
Crown Solicitor’s Office, Christchurch