Commissioner of Police v Wilson

[2025] NZHC 116

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-547

[2025] NZHC 116

UNDER

the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application pursuant to sections 21 and 24 of the Act

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

TADEUSZ TEEL WILSON

Respondent

Hearing:	(On the papers)
Counsel:	C White for Applicant
Judgment:	11 February 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(in respect of substituted service)

COMMISSIONER OF POLICE v WILSON [2025] NZHC 116 [11 February 2025]

[1]                 The Commissioner of Police (the Commissioner) has applied to dispense with service on the respondent, Mr Wilson, having providing evidence to the effect that Mr Wilson is evading service.

[2]                 However, in my view the more appropriate approach is to order substituted service rather than dispensing with service. Dispensing with service should be a last resort when no other means of actioning service is possible. Ms Wilson’s affidavit in support of the application to dispense with service (sworn 5 February 2025) suggests there are means by which the application could be brought to Mr Wilson’s attention. That said, I am satisfied that reasonable efforts have been made to personally serve Mr Wilson and there is an order dispensing with personal service.

[3]                 Service of the application for an on-notice restraining order and supporting documentation (the documentation) on Mr Wilson will be deemed to be effective upon the completion of the following events:

(a)a copy of the  documentation  in  a  sealed  envelope  addressed  to  Mr Wilson is to be left with an adult occupant of the address referred to in paragraph 2.5 of Ms Wilson’s affidavit of 5 February 2025 (the affidavit), a further copy (also in a sealed envelope and addressed to Mr Wilson), is left at the address referred to at paragraph 2.7 of the affidavit and also at  the  address  referred  to  at  paragraph 2.9  of  the affidavit;

(b)if no adult occupant is present at the time the documents are delivered, the sealed envelope is to be secured to the front door of the premises.

(c)the documents will be treated as having been served on Mr Wilson one working day after the completion of the last of the above steps.

[4]                 I  enlarge  the  call  of   this  matter  from  the   present  date  of   11:00am   20 February 2025 to 11:00am 6 March 2025.

Associate Judge Lester

Solicitors:

Raymond Donnelly & Co (Crown Solicitor’s Office) (Applicant)