Commissioner of the New Zealand Police v Heke

[2021] NZHC 1620

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2019-412-000112

[2021] NZHC 1620

BETWEEN

THE COMMISSIONER OF THE NEW ZEALAND POLICE
Applicant

AND

REAGAN MANU JOHN HEKE

Respondent

Hearing:	1 July 2021
Appearances:	C E R Power for the Applicant B P Kilkelly for the Respondent
Judgment:	1 July 2021

JUDGMENT OF NATION J

[1]The Commissioner in the proceedings before the Court sought the forfeiture of

$24,080 located at an address in Dunedin on 14 May 2018. That forfeiture was sought on the basis it had been acquired from significant criminal activity, namely dealing in methamphetamine, and it was therefore tainted property. Mr Heke had indicated he was going to oppose the application but today, when the proceedings were to be heard, he has endorsed a settlement and agreed to the making of an asset forfeiture order as to the $24,080 obviously on the basis it has been acquired from the alleged significant criminal activity.

[2]I consider the settlement is in accordance with s 95 of the Act.

[3]                I accordingly make orders as set out in the draft document that was provided to the Court this morning.

POLICE v HEKE [2021] NZHC 1620 [1 July 2021]

[4]                The Commissioner had indicated he would be seeking an order for costs but I have regard to Mr Heke’s circumstances, the fact he is impecunious. This settlement is in the public interest.

[5]In the circumstances, I make no order as to costs.

Solicitors:

Crown Solicitor’s Office, Dunedin B Kilkelly, Barrister, Dunedin.