Heron v Commissioner of Police

The Court of Appeal of New Zealand was called upon to determine appeals against the decision of the High Court that ordered the forfeiture of assets belonging to Michael Heron and Hayley Lewis under the Criminal Proceeds (Recovery) Act 2009. The respondents had been found guilty of cultivating and supplying cannabis and were sentenced in the District Court. The Commissioner of Police obtained restraining orders over the respondents' assets and subsequently applied for civil forfeiture orders. The High Court made orders forfeiting three assets, including two rural properties and cash. The Court dismissed both appeals. The Court found that the High Court correctly determined that the two rural properties were tainted property under the Act as they were acquired and improved using funds derived from the respondents' unlawful activities. The Court held that the High Court was correct not to grant Mr Heron relief against forfeiture in relation to the Waimakariri property. The Court also found that the relief granted to Ms Lewis was appropriate and there was no basis for increasing it. The appeals were dismissed, and there was no order as to costs.