Commissioner of Police v Uelese

[2025] NZHC 183

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-673

[2025] NZHC 183

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

PETER UELESE

First Respondent

AND

DAVID VINCENT TOMKINSON

Second Respondent

Hearing:

On the papers

Appearances:

K South for Applicant

No appearance for Respondents

Judgment:

14 February 2025

JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

COMMISSIONER OF POLICE v UELESE AND ANOR [2025] NZHC 183 [14 February 2025]

[1]    The Commissioner of Police applies for on-notice restraining orders under   ss 21, 24 and 25 of the Criminal Proceeds (Recovery) Act 2009.

[2]The particular property sought to be restrained are:

(a)Cash totalling $142,2860.00 (plus any accrued interest) located inside two shopping bags inside a black and white rugby league bag on the floor beside the bed in Room 819, Ibis Hotel, 107 Hereford Street, Christchurch. The first respondent booked the room and was the sole occupant. The cash was seized on 2 February  2024  under  the  Search and Surveillance Act 2012.

(b)Cash totalling $5,020.00 (plus any accrued interest) hidden inside a sock in a dresser in the master bedroom of the second respondent’s residence  at   75   Te   Rito   Street,   Christchurch   and   seized   on  2 February 2024 under the Search and Surveillance Act 2012.

[3]    The application is supported by an affidavit of Danelle Elizabeth Asher, a detective  attached  to  the  Southern  Asset   Recovery   Unit,   within   the   Financial Crime Group of the New Zealand Police.

[4]    Ms Asher details the circumstances giving rise to charges against the respondent. Mr Uelese pleaded guilty to burglary and possession of cocaine for the purposes of supply. While the second respondent, Mr Tomlinson, has not been charged in relation to this investigation, he admitted to police he was given $5000.00 for his help in locating and supplying cocaine. Ms Asher refers to her financial investigation of Mr Uelese, concluding that the large sum of cash seized, the identifiable source of cash (to a meeting where cocaine was supplied for cash), and the criminal history of Mr Uelese are all strong indicators that the respondents have been involved in, and unlawfully benefited directly from, significant criminal activity, namely the supply of Class A controlled drugs.

[5]The Commissioner contends the $142,286.00 seized from Mr Uelese and the

$5,020.00 seized from Mr Tomkinson are the proceedings from the sale of cocaine and is therefore tainted property.

Jurisdiction

[6]    Under s 25 of the Act, the Court if satisfied it has reasonable grounds to believe a respondent has unlawfully benefited from significant criminal activity, may make an order that specified property not be disposed of, or dealt with, other than is provided for in the restraining order and is to be under the Official Assignee’s custody and control.

Decision

[7]    I am satisfied there are reasonable grounds to believe the property identified by Ms Asher is the respondent’s property and that he has unlawfully benefited from significant criminal activity. The respondents have been served and have taken no steps.

[8]It is appropriate that the orders sought by the Commissioner be granted.

Orders

[9]I order:

(a)The property to which this order applies:

(i)is not to be disposed of, or dealt with, other than as is provided for in the restraining order; and

(ii)is to be in the Official Assignee’s custody and control.

(b)The property to which this order applies is as follows:

(i)cash totalling $142,286.00 (plus any accrued interest) located inside two shopping bags inside a black and white rugby league

bag on the floor beside the bed  in  Room  819,  Ibis  Hotel, 107 Hereford Street, Christchurch, currently held  in  the Police Trust Account; and

(ii)cash totalling $5,020.00 (plus any accrued interest) hidden inside a sock in a dresser in the master bedroom of the second respondent’s residence at 75 Te Rito Street, currently held in the Police Trust Account.

...................................................

Eaton J

Solicitors:
Crown Solicitors, Christchurch

Copy to:
Official Assignee, Christchurch