Henderson v Police

[2019] NZHC 2574

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2019-476-000009

[2019] NZHC 2574

BETWEEN

COLIN JOHN HENDERSON

Appellant

AND

NEW ZEALAND POLICE and LISA JANE BROWN

Respondents

Hearing:	On the papers
Judgment:	10 October 2019

JUDGMENT OF NATION J

[1]                 On 30 October 2018, Lisa Jane Brown was sentenced for driving while disqualified. An order was made for the confiscation of a Nissan vehicle (the vehicle), registration number BBU282.

[2]                 Colin Henderson, the appellant, appeals the order for the confiscation of the vehicle on three grounds:

(a)        he did not own or have an interest in the vehicle at the time the offence was committed by Ms Brown;

(b)       he did not know and could not reasonably have known that the offender would commit the offences; and

(c)        confiscation of the motor vehicle would cause him undue hardship.

HENDERSON v POLICE [2019] NZHC 2574 [10 October 2019]

[3]                 Mr Henderson is self-represented. On 2 September 2018, with assistance from the Crown, I permitted and directed Mr Henderson to file an affidavit setting out the evidence supporting the grounds of his appeal.

[4]                 The Crown accept that, in an affidavit dated 3 October 2019, Mr Henderson has established that he had no interest in the vehicle at the time of the offence, he has no connection to Ms Brown to suggest the purchase may be anything other than bona fide, and he and his family will suffer undue hardship from the application.

[5]                 The New Zealand Police agree the appeal should be allowed and this can be done on the papers.

[6]                 The appeal is allowed. The order for the confiscation of the Nissan vehicle, registration number BBU282, is quashed.

Solicitors:
A R McRae, Crown Solicitor, Timaru.

Copy to:
C J Henderson, Appellant.

This judgment was delivered by me on 10 October 2019 at 10.00 am pursuant to Rule 11.5 of the High Court Rules

Registrar / Deputy Registrar Date: 10 October 2019