Commissioner of Police v Standen

[2022] NZHC 76

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-000015

[2022] NZHC 76

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 22 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DAREN MARK STANDEN

Respondent

AND

GERARD EAMON FITZPATRICK

First Interested Party

AND

GRAHAM DANIEL LILLEY of Upper

Hutt, occupation unknown Second Interested Party

Appearances:	K South
Judgment:	2 February 2022
(Determined on the papers)

[REDACTED] JUDGMENT OF OSBORNE J

This judgment contains redaction of personal details as to Respondent’s address

This judgment was delivered by me on 2 February 2022 at 4.00 pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date

COMMISSIONER OF POLICE v STANDEN & Ors [2022] NZHC 76 [2 February 2022]

[1]        The Court has previously made restraining orders over two motor vehicles on the application (without notice) of the Commissioner of Police.1

[2]        The restraining orders were made under ss 22 and 25 Criminal Proceeds (Recovery) Act 2009.

Fresh application

[3]        The Commissioner now applies for further orders associated with the restraining orders.

[4]        This application relates in particular to a 2008 Porsche Cayenne, registration HFJ742.

[5]        At the time of the Commissioner’s initial application, it was known that the Porsche Cayenne, previously registered to the respondent, Daren Standen, was currently registered to the interested party, Gerard Fitzpatrick.

[6]        By a further affidavit, Raquel Wilson (a Special Investigator employed by the New Zealand Police), refers to evidence indicating that Graham Daniel Lilley has been in possession of the Porsche Cayenne between 13 August 2021 and 24 January 2022. The Police and Official Assignee now intend to uplift the Porsche Cayenne from   Mr Lilley’s residential address in order to give effect to the restraining orders already made.

Jurisdiction

[7]        Under ss 33 and 35 of the Act, the Commissioner is entitled to apply for a further order varying any conditions to which an existing restraining order is subject.

Discussion

[8]        At present, the existing restraining order provides that the Porsche Cayenne is to be in the Official Assignee’s custody and control. With the Porsche Cayenne now

1      Commissioner of Police v Standen [2022] NZHC 42.

understood to be in the possession of Mr Lilley, it is appropriate that Mr Lilley be added to the proceeding as a second interested party and that there be a further order providing a limited search and seizure power for the express purpose of uplifting the Porsche Cayenne from Mr Lilley’s address.

Order

[9]I order:

(a)Graham Daniel Lilley is added as a second interested party in this proceeding;

(b)to facilitate the Official Assignee’s taking control and custody of the 2008 Porsche Cayenne, registration HFJ742, members of the New Zealand Police and of the Official Assignee’s staff or agents may go onto and enter the premises at [REDACTED], Upper Hutt, to locate and seize the said Porsche Cayenne.

Osborne J

Solicitors:
Raymond Donnelly & Co, Christchurch