Commissioner of Police v Wei [2012] NZHC 930 (7 May 2012)

Last Updated: 21 December 2012

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2010-040-5461 [2012] NZHC 930

BETWEEN THE COMMISSIONER OF POLICE Applicant

AND JIULIANG WEI First Respondent

AND DREAMLAND FINANCE LIMITED Second Respondent

AND XIANG ZHANG Third Respondent

Hearing: On the Papers

Counsel: D Johnstone and K Hogan for Applicant

No appearance for First and Second Respondents

M Dyhrberg for Third Respondent

Judgment: 7 May 2012

_{JUDGMENT OF TOOGOOD J}

This judgment was delivered by me on 7 May 2012 at 3:00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:

D Johnstone and K Hogan, Meredith Connell, Auckland: [e-mail]

M Dyhrberg, Auckland: [e-mail]

S Pond, Auckland: [e-mail]

G Sayers, Official Assignee, Auckland: [e-mail]

THE COMMISSIONER OF POLICE V WEI & ORS HC AK CIV-2010-040-5461 [7 May 2012]

[1] On 15 September 2010, Lang J granted interim restraining orders under the Criminal Proceeds (Recovery) Act 2009 (“the Act”) in respect of bank accounts in which it was alleged the respondents had an interest; cash located at the offices of the second respondent; the first respondent’s Toyota Highlander vehicle; the third respondent’s BMW vehicle; and property belonging to the first respondent at

47 Saddleton Road, Waiau Pa.

[2] In a judgment issued on 24 November 2011, Ellis J granted a stay of the hearing of the application by the Commissioner of Police for forfeiture pending upcoming trials.[1]

[3] On 16 March 2012, the third respondent, Mr Zhang, was acquitted by a jury following a six-week trial on both counts of money laundering which he faced.

[4] The applicant has now applied under the Act for orders giving effect to a proposed settlement of the claims against Mr Zhang. The effect of the settlement will be to release to Mr Zhang the proceeds of sale of a BMW motor vehicle which it is acknowledged belonged to him, and to forfeit to the Crown the contents of a bank account.

[5] Counsel for the applicant and Mr Zhang have filed a joint memorandum, for which they are thanked.

[6] I am satisfied from the material provided that the orders sought to be made by consent are appropriate for approval under s 95(2) of the Act, and the following orders are made accordingly:

(a) The following property is to be treated as though Mr Zhang had an interest in it all:

(A) the contents of the following bank account belonging to

Xiang Zhang (“Bank account”):

Account No: 12-3216-0221498-00 $2,238.09

(B) 2001 BMW 520i motor vehicle, registration number DYC611

(“BMW”).

(b) The proceeds from the sale of the BMW, plus all interest arising in respect of that amount following its receipt by the Official Assignee, shall be released from restraint and paid to Mr Zhang.

(c) The Bank Account vests in the Crown absolutely and is to be in the

Official Assignee’s custody and control.

.................................................

Toogood J

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[1] Wei & Ors v Commissioner of Police HC Auckland, CIV-2010-404-5461, 24 November 2011.