Commissioner of Police v Townshend

[2024] NZHC 665

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-597

[2024] NZHC 665

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to ss 22, 24 & 25

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

JOSHUA FRANCIS TOWNSHEND

First Respondent

AND

CASTLE TRUSTEES LIMITED

Second Respondent

AND

RAYMOND MORETON

Third Respondent

AND

R M & J S LIMITED

Fourth Respondent

AND

R & M TRAILERS LIMITED

Fifth Respondent

(continued over)

Hearing:

22 March 2024 via judicial telephone conference

Counsel:

C C White for the Applicant First Respondent in person

M Starling for the Third Respondent
T McGuigan for the Sixth, Seven, Eigth and Ninth Respondents

Judgment:

22 March 2024

JUDGMENT OF HARLAND J

COMMISSIONER OF POLICE v TOWNSHEND [2024] NZHC 665 [22 March 2024]

AND

STUART MAURICE CHADWICK

Sixth Respondent

AND

FOLIO NO. 45 LIMITED AND CASTLE TRUSTEES LIMITED

Seventh Respondents

AND

COMMERCIAL PROJECT MANAGEMENT LIMITED

Eighth Respondent

AND

CPM HEALTH LIMITED

Ninth Respondent

AND

KIWIBANK LIMITED

First Interested Party

AND

ASB BANK LIMITED

Second Interested Party

AND

AVANTI FINANCE LIMITED

Third Interested Party

AND

BRANDED FINANCIAL SERVICES (NZ) LIMITED

Fourth Interested Party

AND

NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED

Fifth Interested Party

AND

UDC FINANCE LIMITED

Sixth Interested Party

[1]                 On 14 March 2024, the Commissioner of Police (Commissioner) filed an application to extend the restraining orders made by me on 4 April 2023. The current restraining orders expire on 4 April 2024.

[2]                 Prior to the judicial telephone conference, the respondents were served with a copy of the application by memorandum of counsel dated 21 March 2024.

[3]                 Mr Townshend represents himself. He acknowledged receiving a service copy of the memorandum and that he was served with a copy of the application on 20 March 2024.

[4]                 Mr Moreton (the third respondent) is to face charges, to be heard by a jury in the District Court in the not too distant future. He consents to the extension of the restraining order, as does Mr Townshend (the first respondent) and the sixth to ninth respondents. The position of the fourth and fifth respondents is not known, however, they have taken no steps in the proceeding.

[5]                 At the judicial telephone conference, I made an order extending the current restraining orders until 4 April 2025, there being no opposition to it and having been satisfied that the extension of it is in the interests of justice.

Harland J