Commissioner of Police v Fennell [2016] NZHC 205 (18 February 2016)

Last Updated: 7 March 2016

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-000783 [2016] NZHC 205

BETWEEN	THE COMMISSIONER OF THE NEW ZEALAND POLICE Applicant
AND	FRANCIS GARY FENNELL Respondent
AND	ANZ BANK NEW ZEALAND LIMITED First Interested Party

Hearing:	15 February 2016
Appearances:	H McKenzie for the Applicant No appearance for the Respondent
Judgment:	18 February 2016

_{JUDGMENT OF NATION J}

[1] On 2 December 2015, this Court made, on a without notice basis, a restraining order with regard to funds attributed to ANZ Bank New Zealand Limited, account number 06 0909 0418548 00 in the name of F G Fennell. At the same time as the ex parte application was made for a restraining order, an application was made on notice so that the order made ex parte continues in force until the on notice

application for a restraining order is finally disposed of.¹

[2] An applicant for a restraining order on notice must prosecute the application with all due diligence.² The Court must ensure such an application is dealt with

_{speedily so far as is practicable and consistent with the interests of justice.}³

¹ _{Criminal Proceeds (Recovery) Act 2009, s 39(2).}

² _{Above n 1, s 39(3).}

³ _{Above n 1, s 39(4).}

POLICE v FENNELL [2016] NZHC 205 [18 February 2016]

[3] The application was called in the High Court at Christchurch before me on 15

February 2016. At that time, counsel for the applicant provided me with an affidavit from a Police officer confirming that on 20 January 2016 he had served various documents on a person who identified himself as the respondent in these proceedings. The documents served included the on notice application for a restraining order dated 1 December 2015 and the notice of date of hearing in the High Court with a hearing date of 15 February 2016, that notice being dated 2

December 2015.

[4] I am also satisfied the on notice application, the ex parte restraining order and/or other relevant documents were brought to the attention of the ANZ Bank as a first interested party on 15 December 2015.

[5] There having been no appearance for the respondent or any indication from him that he wishes to oppose the on notice application, it is appropriate that I now make a final restraining order in the terms set out in the application.

[6] I order the funds attributed to ANZ Bank New Zealand Limited, account number 06 0909 0418548 00 in the name of F G Fennell:

(a) are not to be disposed of, or dealt with, other than is provided for in this restraining order; and

(b) are to be in the official assignee’s custody and control.

Solicitors:

Raymond Donnelly & Co., Christchurch