Hunt v Commissioner of Police

Dion Hunt and Ada Pue, the appellants in CA447/2020, face charges of producing, possessing, supplying and conspiring to supply methamphetamine. Their trial is due to start on 8 February 2022. On 21 September 2017, the Commissioner of Police was granted without notice restraining orders under the Criminal Proceeds (Recovery) Act 2009 (the Act) over real property comprising 31 Leyton Place, Nawton, 134 and 180 Foreman Road, Waitara and over $4,825.40 in cash. 31 Leyton Place is registered in Mr Hunt’s name, as is 134 Foreman Road. 180 Foreman Road is registered in the names of the appellants in CA446/2020 as trustees (the Trustees) of Mr Hunt’s family trust (the Trust). The $4,825.40 in cash was found at 180 Foreman Road, a property suspected to have been used by Mr Hunt and Ms Pue in the course of their alleged offending. In July 2020, Clark J in the High Court at New Plymouth declined separate applications by the Trustees and Mr Hunt and Ms Pue to discharge or vary those restraining orders as they apply to 180 Foreman Road, 31 Leyton Place and the $4,825.40 cash respectively. These are appeals against those decisions: CA446/2020 by the Trustees, CA447/2020 by Mr Hunt and Ms Pue. The Court held that the appeal in CA446/2020 was dismissed, and the appeal in CA447/2020 was allowed. The restraining orders over 31 Leyton Place and the cash were discharged. The respondent must pay the appellants in CA447/2020 costs for a standard appeal on a band A basis with usual disbursements.