Commissioner of the New Zealand Police v Rissman

[2019] NZHC 2532

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-418-000023

[2019] NZHC 2532

BETWEEN

THE COMMISSIONER OF THE NEW ZEALAND POLICE
Applicant

AND

MARK WINSTON RISSMAN

First Respondent

MELISSA JANE MURPHY

Second Respondent

Hearing:

30 September 2019

Counsel:

S Mallet for the Applicant

No appearance for First Respondent No appearance for Second Respondent

Judgment:

30 September 2019

ORAL JUDGMENT OF DOOGUE J

[1]                 This  is  an  application  made  in  reliance  of  ss 21 and 24  of   the   Criminal Proceeds (Recovery) Act 2009 (the Act). The grounds on which the order is sought are that there are reasonable grounds to believe:

(a)the   property   outlined   at   [2]   of   the    application,    namely    421 Camerons Road,  Marsden,  Grey District,  consisting  of  a 35,803 square metre lifestyle property with a dwelling house and farm shed   being   Lot 1   of   Deposited Plan 497578    under    the   Record of Title 735221, and $10,877.80 in cash located at that property, are tainted property; and

THE COMMISSIONER OF THE NEW ZEALAND POLICE v RISSMAN & MURPHY [2019] NZHC 2532 [30

September 2019]

(b)the property is the first and second respondent’s property and that the first and second respondents have unlawfully benefitted from significant criminal activity.

[2]                 The evidence on which the applicant relies is contained in an extensive affidavit of Tracy Margaret Bruce, a police constable holding rank of Detective. Detective Bruce has been a police officer for 25 years and appends to her affidavit a number of important documents concerning criminal activity that has taken place at the property that is the subject of this application.

[3]                 It appears on the face of the evidence before me that the property is tainted as that is defined in s 5 of the Act by virtue of both direct and indirect links with the alleged criminal activity. Based on the authorities cited in the memorandum filed by counsel, I am satisfied that the orders sought are properly made.

[4]Orders will issue accordingly.

Doogue J

Solicitors:
Crown Solicitor, Christchurch