Drake v Commissioner of Police

[2021] NZSC 13

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 97/2020
 [2021] NZSC 13

BETWEEN	LETICIA MARGARET DRAKE First Applicant
GAVIN JOHN STEWART Second Applicant
AND	COMMISSIONER OF POLICE Respondent

Court:	William Young, Glazebrook and Ellen France JJ
Counsel:	M Starling and N R Wham for Applicants K South and C C White for Respondent
Judgment:	1 March 2021

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

____________________________________________________________________

REASONS

Introduction

1. Asset forfeiture orders were made under the Criminal Proceeds (Recovery) Act 2009 against the applicants, Ms Drake and Mr Stewart, in relation to benefit fraud and tax evasion respectively.[1]  The applicants seek leave to appeal against the Court of Appeal decision dismissing their appeal against those orders and the refusal of their application for relief.[2]

Our analysis

[1]The Commissioner of the New Zealand Police v Drake [2017] NZHC 2919 (Dunningham J).

[2]Drake v Commissioner of the New Zealand Police [2020] NZCA 494 (French, Brown and Clifford JJ).

1. The applications largely concern factual matters relevant to the particular circumstances of the applicants.  Nothing raised by the applicants suggests the courts below erred in their analysis.  To the extent that the grounds of the proposed appeal relate to legal questions, there is insufficient prospect of success to justify granting leave.  The criteria for leave are not met.[3]

Result

[3]Senior Courts Act 2016, s 74(2).

1. The application for leave to appeal is dismissed.

Solicitors:
Raymond Donnelly & Co, Christchurch for Respondent