Commissioner of Police v Tofts

[2019] NZHC 2855

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2016-485-000171

[2019] NZHC 2855

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

ANTHONY TOFTS

First Respondent

JACOB GAVIN RICKARD-JOHNSTON
Second Respondent

AND

LINDA CAROL TOFTS

First Interested Party

ANTHONY DONALD SINCLAIR

Second Interested Party

CHERYL ANN WALLIS
Third Interested Party

MARK ROBERT DUSTON
Fourth Interested Party

YVETTE WALLIS
Fifth Interested Party

WESTPAC NEW ZEALAND LIMITED

Sixth Interested Party

Hearing:

1 November 2019

Counsel:

A W M Britton and S B McCusker for the Applicant M G Robinson for the First Respondent

S W O Campbell and L C Order for the First Interested Party

Judgment:

1 November 2019

JUDGMENT OF DOOGUE J

COMMISSIONER OF POLICE v TOFTS & ORS [2019] NZHC 2855 [1 November 2019]

[1]                 There has been a tortuous procedural history in this pursuit of alleged proceeds of crime. The last extended restraining order expired on 19 October 2019.

[2]                 All parties acknowledge (given the history of the matter) that orders should issue in terms of 2(a), (b), (e), to (p) inclusive of the application dated 1 November 2019, that is, fresh restraining orders.

[3]                 I am satisfied that the relevant threshold has been met in respect of ss 21, 24 and 25 of the Criminal Proceeds (Recovery) Act 2009 and that those orders shall issue accordingly.

[4]                 I am not satisfied that the 2004 Holden V.Y Commodore Club Sport motor vehicle (including ignitions, keys and number plate ETMYAS) registered in the name of Linda Carol Tofts is tainted property and that it should be restrained to meet any ultimate profit or asset forfeiture. I am satisfied that Ms Tofts acquired the motor vehicle in her own right from her own funds and that she was at all relevant times in rightful possession and control of it.

[5]                 The Official Assignee is directed to surrender the 2004 Holden V.Y Commodore Club Sport including ignition, keys and number plan ETMYAS registered in the name of Linda Carol Tofts to Linda Carol Tofts forthwith.

Doogue J

Solicitors:

Crown Solicitor, Wellington Ord Legal, Wellington