Commissioner of Police v Tāwhiri
[2024] NZHC 4002
•20 December 2024
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2024-485-847
[2024] NZHC 4002
UNDER The Criminal Proceeds (Recovery) Act 2009 IN THE MATTER OF
An application under s 22, 23 and 25
BETWEEN
THE COMMISSIONER, THE NEW ZEALAND POLICE
Applicant
AND
MICHAEL MANO TĀWHIRI
Respondent
Hearing: On the Papers Counsel:
E M Ferrier & H Savage for Applicant
Judgment:
20 December 2024
JUDGMENT OF CHURCHMAN J
[1] By application dated 20 December 2024 the Commissioner of Police (the Applicant) applies for a restraining order against Michael Mano Tāwhiri (the Respondent).
[2] The application is made on a without notice basis, on the basis that there is a significant risk that the Kiwibank funds could be disposed of or concealed if notice of the proceedings were given to the respondent.
[3] The memorandum of counsel filed in support of the application states that if the without notice order is granted, the applicant intends to file an on-notice application within seven days in accordance with s 39 of the Criminal Proceeds (Recovery) Act 2009 (the Act).
THE COMMISSIONER, THE NEW ZEALAND POLICE v TĀWHIRI [2024] NZHC 4002 [20 December 2024]
[4] The application is supported by two affidavits from Michael David Keller, a Specialist Investigator employed by the New Zealand Police together with a memorandum of counsel.
[5]The property that is the subject of the application is:
(a)All funds held in the Kiwibank Ltd Bank account number [redacted] held in the name of Michael Mano Tāwhiri, with a balance of
$43,860.54 as at 31 October 2024 (Kiwibank funds); and
(b)Cash totalling $2,900 which was seized during the search of the respondent’s bedroom on 23 July 2024, presently held in the New Zealand Police trust account.
[6]The facts upon which the application is based are:
On 1 May 2023 respondent’s vehicle and person were searched and the police located cannabis plant material, methamphetamine and $3,450 in cash. As a result, the respondent was charged with:
(a)Possession of methamphetamine for supply;
(b)Possession of cannabis;
(c)Aggravated assault (x2); and
(d)Failing to stop for red/blue flashing lights.
[7] On 28 February 2024 the United States Customs and Boarder Protection (USCBP) intercepted a consignment addressed to ‘Michael Patea’ at the address of [redacted] New Zealand. This is the address at which the respondent resided.
[8] The package was examined and found to contain 4,332.6 grams of methamphetamine.
[9] On 23 July 2024 Wairarapa Police executed a search warrant at [redacted]. This search located the controlled drugs methamphetamine, cannabis oil, cannabis, LSD and MDMA.
[10]As a result of this the respondent was charged with:
(a)possession of cannabis oil for supply;
(b)possession of methamphetamine for supply;
(c)procure / possess LSD; and
(d)procure / possess other opiates.
[11] The applicant contends that the respondent has been involved in significant criminal activity as that term is defined in s 6 of the CPRA; and that the property referred to above is tainted property in terms of s 5 of the CPRA in that it has been wholly or in part acquired or derived from the significant criminal activity of the respondent; and/or the respondent has unlawfully benefitted from significant criminal activity in terms of s 7 of the CPRA; and the respondent has interests in the property.
[12] The affidavit material filed in support of the application confirms that for the seven years ending 31 March 2018—31 March 2024 the respondent’s total declared income was $94,975.84 and, of that amount, $90,269.32 was derived from Ministry of Social Development benefits.
[13] The applicant contends that, given the respondent’s limited income the substantial sums of cash referred to in [5] above could not have been acquired lawfully by the respondent.
[14] The applicant also refers to an analysis of the banking records of the respondent for the period 2017—2024. This shows that during period the respondent received
$130,461.74 in transfers from third parties and that during that period the respondent transferred a total of $37,751 to third parties.
[15] During that period a total of $9,175 cash was deposited into the respondent’s account and $92,931.50 cash was withdrawn.
[16]The applicant’s analysis of these transactions is ongoing.
[17] The respond has been in custody since his arrest on 23 July 2024, but the applicant’s evidence is that since that date, four transactions totalling $755 were sent to the respondent’s prison bank account from his Kiwibank account.
[18] The applicant contends that the evidence provides reasonable grounds to believe that:
(a)the respondent has been involved in importing, supplying, and selling various controlled drugs;
(b)that he has unlawfully benefitted from this significant criminal activity and that he has interests in the property sought for restraint.
[19] The memorandum of counsel notes that the respondent has entered guilty pleas to a number of drug related charges including:
(a)Possesses methamphetamine for supply (x2);
(b)Possesses cannabis oil for supply;
(c)Procure / possess LSD; and
(d)Procure / possess other opioids.
[20] The respondent has an extensive criminal history including many convictions for drug related offending.
Analysis
[21] I am satisfied that the affidavit material filed in support of the application provides reasonable grounds to believe that the property sought to be restrained is
tainted property, being property acquired as a result of significant criminal activity by the respondent.
[22] I am also satisfied that, for the grounds relied upon by the applicant, it is necessary for this matter to have been proceeded with on a without notice basis.
Outcome
[23] Accordingly, I grant the without notice restraining order and approve the draft order filed with the application.
Churchman J
Solicitors:
Crown Law, Wellington for Applicant
0
0
0