Commissioner of Police v Wilk

[2020] NZHC 2885

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-820

[2020] NZHC 2885

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

RALPH ALAN WILK

First Respondent

RYSZARD WILK
Second Respondent

PATRYK LUKASIK
Third Respondent

SIMON KENMUIR

Fourth Respondent

BRYAN WILLIAMS

Fifth Respondent

Hearing:	On the papers
Counsel:	M R Harborow and R S Ching for Applicant A Speed for Respondent, Ralph Wilk
Judgment:	4 November 2020

JUDGMENT (NO 2) OF WHATA J

This judgment was delivered by me on 4 November 2020 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Meredith Connell, Auckland

COMMISSIONER OF POLICE v WILK [2020] NZHC 2885 [4 November 2020]

[1]    This is an addendum to my previous judgment.1 This is the second proposed settlement in relation to alleged offending by Ralph Alan Wilk (Mr Wilk) and his father, Ryszard Wilk. For the reasons set out in my earlier judgment and in the joint memorandum of counsel in relation to the present matter, I am satisfied that the settlement reached should be approved for the purposes of s 95 of the Criminal Proceeds (Recovery) Act 2009.

[2]Accordingly, there shall be orders as sought, namely:

(a)Further order under ss 34 and 35 of the Act: NZD7,000 of the funds seized by Police from Apartment 1107, Heritage Apartments, 22 Nelson Street, Auckland on 13 July 2017 is released from restraint and the Official Assignee is directed to pay this sum without deduction into a bank account nominated by Mr Wilk.

(b)Assets forfeiture orders under s 50(1) of the Act: the following property vests in the Crown absolutely and is in the Official Assignee's custody and control:

(i)cash to the value of $40,000 seized by Customs from the luggage of Mr Wilk at the Auckland International Airport on 20 November 2016 and any accrued interest;

(ii)the following sums of cash seized by Police from Apartment 1107, Heritage Apartments, 22 Nelson Street, Auckland City on 13 July 2017 and any accrued interest:

(A)NZD116,100; and

(B)USD9,650 (since converted to NZD12,413.20).

1      Commissioner of Police v Wilk [2020] NZHC 2775 [27 October 2020]

(c)The Official Assignee will make payment to the Legal Services Commissioner the amount payable by way of legal aid  granted to   Mr Wilk, in accordance with s 82(1)(b) of the Act.

(d)Costs: costs lie where they fall in relation to all matters between the Commissioner and Mr Wilk.

[3]In addition, I note the further agreed terms of settlement as follows:

(a)Mr Wilk abandons all claims he may have, under the Act or otherwise, to any of the property to be forfeited or to any of the other restrained property;

(b)the Commissioner will not pursue his application for a profit forfeiture order against Mr Wilk for the significant criminal activity evidenced in the current proceeding; and

(c)the settlement is in full and final settlement of the current proceedings.