Commissioner of Police v Strickland

[2024] NZHC 444

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2023-485-526

[2024] NZHC 444

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

an application under ss 21, 24, 25 and 33

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

FABIAN NGATIKIRIKA STRICKLAND

First Respondent

KARINA ROMA RAUTANGATA BRADNAM
Second Respondent

ANGELA DEBBIE ILEAN BALL

Third Respondent

KATHY TE URU MOERA REI
Fourth Respondent

ALISHA MAXINE COLLINS
Fifth Respondent

WILLIAM WADE KAINUKU
Sixth Respondent

PIERRE MONTGOMERY NIANIA
Seventh Respondent

ANDREAS JAMES KAINUKU
Eighth Respondent

ZOE MARIE TURNER
First Interested Party

WHITY DAVID KAINUKU

Second Interested Party

CHOSHONI AVIS MARIE VAN KEMPEN

Third Interested Party

THE COMMISSIONER OF POLICE v STRICKLAND [2024] NZHC 444 [5 March 2024]

JOSHUA MICHAEL WHARTON

Fourth Interested Party

FAAFAFAI SUA
Fifth Interested Party

KORU MEIHANA COKER
Sixth Interested Party

SWAN DONOVAN REID

Seventh Interested Party

QUINN WISHY MAKA
Eighth Interested Party

On the papers:
Counsel:	F F Nizam and K J Eskildsen for Applicant
Judgment:	5 March 2024

JUDGMENT OF GRAU J

[On-notice Restraining Order: Second and Forth Interested Parties]

Background

[1]                 On 30 August 2023, Harland J granted the application by the Commissioner of Police (Commissioner) for a without notice restraining order over specific property, comprising a boatshed in Titahi Bay, 20 motor vehicles, bank account balances and cash seized, together with a global order.1 On 8 December 2023, Gwyn J granted on- notice restraining orders in relation to a subset of that property.2

[2]                 The orders made by Gwyn J excluded property registered in the names of six parties who had either formally or informally indicated their opposition to the on- notice application. Those parties included the second and fourth interested parties, Whity Kainuku and Joshua Wharton, who had both contacted the Registrar after the first call of the matter on 24 October 2023 to indicate their intention to oppose the on-

1      Commissioner of Police v Strickland [2023] NZHC 2406.

2      Commissioner of Police v Strickland [2023] NZHC 3587.

notice application. They were directed to file evidence in support of their opposition by 5:00pm 5 February 2024.3

[3]                 The Commissioner has advised the Court by memorandum dated 19 February 2024 that no evidence, nor any correspondence, has been received by either of the second or fourth interested parties.

An application for an on-notice restraining order and further orders

[4]                 The Commissioner now seeks on-notice restraining orders in relation to three items of property registered in the name of the second and fourth interested parties as follows:

(a)A 1959 Ford Fairlane motor vehicle including keys, registration plate number DOGLFE, registered in the name of the second interested party, Whity Kainuku, and under the effective control of the first respondent, Fabian Strickland (the Old School).

(b)A 1989 Lincoln Towncar motor vehicle including keys, registration plate number SHWFUR, registered in the name of the fourth interested party, Joshua Wharton, and under the effective control of the first respondent, Fabian Strickland (the Limo).

(c)A 1994 Toyota Hilux vehicle, including keys, registration plate number VEIGTU registered in the name of the fourth  interested  party,  Joshua Wharton, and under the effective control of the first respondent, Fabian Strickland (the Toyota Hilux).

[5]                 At this stage, the Commissioner does not seek early sale orders in respect of these three vehicles registered in the name of the second and fourth interested parties.

[6]                 On the basis of the affidavits of Detective Constable Jeremy Chaston previously filed in support of the without notice and on-notice applications, I am satisfied there are reasonable grounds to believe that the respondents have unlawfully benefited from significant criminal activity, namely money laundering and the sale and/or supply of methamphetamine, and the respondents have an interest in the

3      Minute of Gwyn J dated 24 October 2023.

property sought for restraint, that interest being wholly or in part derived from their criminal activity.

[7]                 I grant the on-notice restraining order in respect of the three vehicles described above; namely the Old School, the Limo and the Toyota Hilux, in the terms set out by the Commissioner.

Grau J

Solicitors:
Crown Solicitor, Wellington for Applicant