Commissioner of Police v Standen

[2022] NZHC 42

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-000015

[2022] NZHC 42

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

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

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DAREN MARK STANDEN

Respondent

AND

GERARD EAMON FITZPATRICK

Interested Party

Appearances:	K South and S J Mallett for Applicant
Judgment:	26 January 2022
(Determined on the papers)

JUDGMENT OF OSBORNE J

This judgment was delivered by me on    26 January 2022     at  4.00 pm

Registrar/Deputy Registrar Date:

[1]    The Commissioner of Police applies (without notice) for restraining orders under ss 22 and 25 Criminal Proceeds (Recovery) Act 2009.

[2]    The particular property sought to be restrained are two motor vehicles, being a 2003 Audi Quattro Sedan (valued between $8000 and $13,900), and a 2008 Porsche Cayenne (valued between $25,000 and $39,650).

COMMISSIONER OF POLICE v STANDEN [2022] NZHC 42 [26 January 2022]

[3]    The former is registered to the respondent. The latter is registered to Gerard Eamon Fitzpatrick, the interested party.

[4]    The application is supported by an affidavit of Raquel Kendree Wilson, a specialist investigator attached to the Southern Asset Recovery Unit, within the Financial Crime Group of the New Zealand Police.

[5]    Ms Wilson details the circumstances giving rise to charges against the respondent. The respondent was convicted on 21 October 2021 on two charges of possession for supply of methamphetamine and amphetamine, and is to be sentenced on 3 March 2022. Ms Wilson refers to her financial investigation of Mr Standen, concluding that he has unlawfully benefited from the sale of methamphetamine by not less than $403,367.97 as evidenced by $226,785 in cash located in his possession,

$176,582 in cash deposits and a cash-based lifestyle.

[6]    Ms Wilson provides history in relation to the two motor vehicles, both of which were registered in the name of Mr Standen and had been in his lawful possession. The Audi Quattro remains registered in Mr Standen’s name. The Porsche Cayenne is now registered in the name of Mr Fitzpatrick, he being the third registered owner in the months following its being taken from Mr Standen. On Mr Standen’s own written statement, he was the victim of a robbery at the hands of a largely unnamed group of alleged gang members. That said, Ms Wilson recognises that Mr Fitzpatrick appears to have paid $20,000 for the Porsche Cayenne.

Jurisdiction

[7]    Under s 25 of the Act, the Court if satisfied it has reasonable grounds to believe a respondent has unlawfully benefited from significant criminal activity, may make an order that specified property not be disposed of, or dealt with, other than is provided for in the restraining order and is to be under the Official Assignee’s custody and control.

Decision

[8]    I am satisfied there are reasonable grounds to believe the property identified by Ms Wilson is the respondent’s property and that he has unlawfully benefited from significant criminal activity.

[9]    I am also satisfied that there is a risk the identified property will be disposed of or concealed if notice were given to any or all of the persons who have or appear to have an interest in the property, including the respondent and the interested party.

[10]It is appropriate that the orders sought by the Commissioner be granted.

Order

[11]I order:

(a)The property to which this order applies:

(i)is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and

(ii)is to be in the Official Assignee’s custody and control.

(b)The property to which this order applies is as follows:

(i)a 2008 Porsche Cayenne, registration HFJ742, valued at between $25,000 and $39,650 and currently registered to Gerard Eamon Fitzpatrick, the interested party; and

(ii)a 2003 Audi Quattro Sedan, registration MPK920, valued at between $8000 and $13,900 and currently registered to Daren Standen, the respondent.

Osborne J

Solicitors:
Raymond Donnelly & Co, Christchurch