IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2010-055-001742 [2013] NZHC 479
UNDER Sections 142A to 142Q of the Sentencing
Act 2002
BETWEEN R
AND WAYNE PETER VAN DE VEN
CIV-2011-404-005664
AND UNDER Subpart 4 of Part 2 of the Criminal
Proceeds (Recovery) Act 2009
BETWEEN THE COMMISSIONER OF POLICE Plaintiff
ANDWAYNE PETER VAN DE VEN First Respondent
ANDGODEFRIDUS VAN DE VEN Second Respondent
Hearing: 12 December 2012
Counsel: B Finn for Applicant
P J Kaye for W Van de Ven
S M Cowdell for G Van de Ven
Judgment: 14 March 2013
JUDGMENT OF WOOLFORD J [As to forfeiture]
R V VAN DE VEN & ANOR HC AK CRI-2010-055-001742 [14 March 2013]
This judgment was delivered by me on Thursday, 14 March 2013 at 12:15 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors/Counsel:
Crown Solicitors (Meredith Connell), Auckland
P Kaye, PO Box 941, Shortland Street, Auckland 1140
S M Cowdell, PO Box 76-683, Manukau City, Manukau 2241
Paramjit K Singh, PO Box 76-323, Manukau City, Manukau 2241
Introduction
[1] Mr Wayne Van de Ven was convicted of serious drug offending following a trial in this Court last year. The property in which Mr Van de Ven was living at the time of the offending and from which some of the offending was conducted, is the subject of a forfeiture application made by the Crown.
[2] Mr Wayne Van de Ven’s father, Mr Godefridus Van de Ven, seeks relief from
that forfeiture order due to an interest he has in the property.
The applications
Crown’s application
[3] The Crown seeks forfeiture of the property as an instrument of crime but accepts that relief from forfeiture may be available for Mr Godefridus Van de Ven, if he can be shown to have an interest in the property and not to have been implicated in any way in Mr Wayne Van de Ven’s offending.
Mr Wayne Van de Ven’s stance
[4] Mr Kaye, in his sentencing submissions, states that Mr Wayne Van de Ven does not oppose any forfeiture application that might be made, though he submits Mr Godefridus Van de Ven’s interest would not be affected by his son’s lack of opposition to the forfeiture application.
Mr Godefridus Van de Ven’s application for relief
[5] Mr Godefridus Van de Ven has applied for relief from the effect of the forfeiture order. Mr Godefridus Van de Ven maintains that he owns the property and was not involved in the qualifying offending. He asks that the Court make an order declaring him the sole owner of the property and refusing forfeiture of any part of it.
Valuation of the property
[6] The Crown obtained an updated valuation of the property which, as at mid- September 2012, showed the property and the house together to be worth $270,000.
Written Evidence
Mr Godefridus Van de Ven’s affidavit
[7] Mr Godefridus Van de Ven says in his affidavit that he decided to buy the property in 1989 following difficulties Mr…
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- R v Van de Ven [2013] NZHC 479
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- [2013] NZHC 479
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