R v Zhang - [2025] NZHC 1863

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-004-001080 [2025] NZHC 1863

THE KING

v

WENFU ZHANG TAYZEL TUPOU-TOKA TINI
ROBERT TALATI LIAM QUADE PRASAD

Hearing: 16 June 2025 – 30 June 2025 Appearances: K S Li and K H M Nihill for Crown
G J Newell L Qian for Mr Zhang
S Tait and A Maxwell-Scott for Mr Tini
P H Tomlinson and K Hamblin for Mr Talati O Hintze and G Burns for Mr Prasad

Judgment: 9 July 2025

Reissued: 17 September 2025

JUDGMENT OF MOUNT J

Application by Tayzel Tini to dismiss charge under s 147 of the Criminal Procedure Act 2011

This judgment was delivered by me on 9 July 2025 at 2 pm,

………………………………… Registrar/Deputy Registrar

Solicitors/counsel:
Meredith Connell, Office of the Crown Solicitor, Auckland G J Newell, Auckland
M J Taylor-Cyphers, Auckland S Tait, Auckland
PH H Tomlinson, Auckland O Hintze, Auckland

R v ZHANG & ORS [2025] NZHC 1863 [9 July 2025]

[1] Tayzel Tini is charged with possession of methamphetamine for supply. Following the completion of the Crown case, he brought an application for discharge under s 147 of the Criminal Procedure Act 2011.

[2] I heard oral submissions on 25 June 2025 and issued in a minute declining the application for discharge under s 147 of the Act, with reasons to follow.

Background

[3] The Crown case is broadly as follows. On 14 January 2023, a consignment labelled as maple syrup arrived at the Ports of Auckland from Canada. There were 18 pallets in total, eight of which are relevant to the charge against Mr Tini. Each pallet had 36 boxes, and each box had four 4 litre maple syrup bottles. Customs officials detected discrepancies in the packaging of the bottles and found that six of the eight pallets relevant to Mr Tini contained approximately 595 kgs of methamphetamine crudely concealed in maple syrup containers.

[4] Customs officials removed the methamphetamine but otherwise repacked the containers and boxes as they had been found. They set aside a 10-gram amount of methamphetamine which they placed within one of the pallets for a controlled delivery.

[5] The import documents identified the importer as Huada Exchange and Development Ltd. A director of that company, Mr Tang, based in Australia, instructed the Auckland logistics company managing the shipment to send the eight pallets to a man called “Tom” with contact details that Mr Tang supplied. Andy Tuumanga admitted using the alias “Tom” and pleaded guilty to his role in the importation of the methamphetamine earlier this year.

[6] On 8 February 2023, in accordance with instructions from Mr Tuumanga, the logistics company arranged delivery of the pallets to a rural property near Helensville.

[7] A man called Patrick Chand drove Mr Tini and two other men to the Helensville property that morning and they waited for the truck to arrive. Mr Tini said he was a friend of Mr Chand’s and that Mr Chand had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Zhang

Details

AGLC: R v Zhang [2025] NZHC 1863
Case: [2025] NZHC 1863
Decision Date: 9 July 2025

CaseChat Overview and Summary

Tayzel Tini is one of five defendants charged with possession of methamphetamine for supply. Following the completion of the Crown case, Mr Tini brought an application for discharge under s 147 of the Criminal Procedure Act 2011, which the Registrar declined with reasons to follow. The Crown case is that on 14 January 2023, a consignment of 18 pallets labelled as maple syrup arrived in New Zealand from Canada. Customs officials found that six of the eight pallets relevant to Mr Tini contained approximately 595 kgs of methamphetamine concealed in the maple syrup bottles. Customs officials set aside a 10-gram amount of methamphetamine for a controlled delivery, and the remainder was removed. The Crown alleges that on 8 February 2023, Mr Tini and three other men arrived at a rural property where the eight pallets were delivered, and they began unloading and opening the pallets and boxes to locate the methamphetamine concealed within them. Mr Tini gave a police interview in which he denied any knowledge of the contents of the packages. The Registrar declined Mr Tini’s application for discharge because there was sufficient evidence from which a properly directed jury could draw an inference that Mr Tini intentionally exercised a material level of control over the methamphetamine, and was therefore guilty of possession for supply.

Orders