Commissioner of Police v Taylor

[2025] NZHC 1010

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-369

[2025] NZHC 1010

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER OF

an application pursuant to ss 21, 24 and 25 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

ANDREW NOEL TAYLOR

Respondent

AND

ASB BANK LIMITED

Interested Party

Hearing:	On the papers
Counsel:	K South and O Welsh for Applicant
Judgment:	30 April 2025

JUDGMENT OF MANDER J

[On notice restraining order]

This judgment was delivered by me on 30 April 2025 at 3 pm pursuant to Rule 11.5 of the High Court Rules 2016

Registrar/Deputy Registrar Date:     .

COMMISSIONER OF POLICE v TAYLOR [2025] NZHC 1010 [30 April 2025]

[1]        The Commissioner of Police (the Commissioner) has sought an assets forfeiture order in relation to the following property:

(a)22a Willock Street, Kaiapoi, Canterbury, being the property with the legal description of Record of Title CB38V/732, being Lot 40 Deposited Plan 2937, Flat 2 Deposited Plan 65201, and Shed 2 Deposited Plan 65201, excluding any interest secured or protected by registered mortgage (numbered 5517298.3) in favour of ASB Bank Limited. The registered owner is described as “Andrew John Taylor” which is a false identity used by the respondent.

[2]        The order is sought on the grounds that the proposed forfeited property is tainted property because it has, wholly or in part, been acquired as a result of significant criminal activity. Namely, that is was acquired as the result of benefit fraud committed over extended periods. This offending included offences of obtaining by false pretences and deception or causing loss by deception between 1989 and the present day. Other relevant offending occurred prior to 30 September 2023, when Mr Taylor dishonestly received Ministry of Social Development (MSD) benefits and committed the offence of forgery in relation to various MSD application forms that the respondent completed. He also committed the further offence of dishonestly taking or using a document from 1 October 2003 onwards. But for this offending, Mr Taylor would not have had sufficient earnings from employment to have adequately serviced the mortgage in relation to the tainted property, or to have met his outgoings and day to day living expenses.1

[3]        On 20 December 2024, Mr Taylor pleaded guilty to various fraud charges filed by MSD and to a charge of offering to supply methamphetamine. The tainted property had earlier been the subject of an on notice restraining order. However, in August 2024, a loan taken out by Mr Taylor against the property began falling into arrears. Penalty interest in respect of the property has continued to accrue since that time.

[4]        In February 2025, Mr Taylor’s insurance over the property lapsed. It was not renewed. As a result, the property became uninsured. On 12 March, the property

1      Commissioner of Police v Alexander [2023] NZHC 1287 at [88].

caught fire and was essentially destroyed. It fell to the Official Assignee to arrange for the section to be cleared, and the costs of this are expected to be met by the eventual forfeiture proceeds.

[5]        In light of the erosion of equity in the property due to the mortgage arrears and the need to clear the site following the fire, the Commissioner has been in discussion with Mr Taylor regarding the forfeiture proceedings. In the circumstances, Mr Taylor consents to the making of a type 1 assets forfeiture order in respect of the property. He has formalised his consent and an order to that effect can now be made in the terms sought. Order made accordingly.

Solicitors:

Crown Solicitor, Christchurch