Commissioner of Police v Standen

The High Court of New Zealand, Christchurch Registry, was presented with an application by the Commissioner of Police under the Criminal Proceeds (Recovery) Act 2009. The Commissioner sought further orders in relation to a 2008 Porsche Cayenne, registration HFJ742, which had been subject to previous restraining orders. At the time of the initial application, the Porsche was registered to Daren Standen but was in the possession of Gerard Fitzpatrick. The application now focused on the period when the Porsche was in the possession of Graham Daniel Lilley. The Commissioner sought to uplift the vehicle from Mr Lilley’s address to comply with the restraining orders.

The primary legal issue for the Court was whether the Commissioner had the jurisdiction to apply for further orders under sections 33 and 35 of the Act. The Court also needed to determine if Mr Lilley should be added as a second interested party in the proceeding, and whether a limited search and seizure power should be granted to facilitate the uplift of the vehicle. The Commissioner argued that the existing restraining order, which required the Porsche to be in the custody and control of the Official Assignee, necessitated these further orders to ensure compliance.

In delivering the judgment, Osborne J noted that the Commissioner was indeed entitled to apply for further orders under the Act. The Court accepted that Mr Lilley should be added as a second interested party and that a limited search and seizure power was necessary to allow the Official Assignee to take control and custody of the Porsche. The Court granted the Commissioner’s application, ordering that Graham Daniel Lilley be added as a second interested party and that the New Zealand Police and Official Assignee’s staff or agents be permitted to enter Mr Lilley’s premises to locate and seize the vehicle.

This decision underscores the Court’s willingness to support the enforcement of restraining orders under the Criminal Proceeds (Recovery) Act 2009. The judgment highlights the importance of ensuring that vehicles subject to such orders are properly accounted for and managed to prevent any circumvention of the law.