Police v Wisely [2018] NZHC 2997 (19 November 2018)

Last Updated: 21 December 2018

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2018-412-000103 [2018] NZHC 2997

IN THE MATTER	of an Application pursuant to ss 22, 24 and 25 of the Criminal Proceeds (Recovery) Act 2009
BETWEEN	THE COMMISSIONER OF THE NEW ZEALAND POLICE Applicant
AND	KELVIN BRUCE WISELY Respondent
AND	ANZ BANK NEW ZEALAND LIMITED Interested Party

Hearing:	On the papers
Judgment:	19 November 2018

JUDGMENT OF NATION J

[1] The Commissioner has applied without notice for restraining orders as to a property at 215 Circle Hill Road, Circle Hill, Clutha, owned by the respondent and subject to a mortgage to the ANZ Bank.

[2] The orders sought are that the property not be disposed of or dealt with other than as provided for in the restraining order and is to be under the Official Assignee’s custody and control.

[3] The Commissioner has filed without notice and on notice applications for restraint.

POLICE v WISELY [2018] NZHC 2997 [19 November 2018]

[4] The Court may make a restraining order relating to specific property if the Court is satisfied it has reasonable grounds to believe that any property is tainted property.¹ Property may be tainted as long as there is a link, even if indirect, between it (in whole or in part) and the alleged significant criminal activity.²

[5] A restraining order may be made on a without notice application if the Court is satisfied there is a risk of the proposed restrained property being destroyed, disposed of, altered or concealed if notice were given to the person subject to the application.³

[6] I have read the affidavit of Bryan David Gillespie in support of the without notice application and the memorandum in support of counsel for the Commissioner.

[7] I am satisfied that the grounds have been made out for the orders set out in the applications. Orders are made accordingly.

[8] Because an on notice application for a restraining order has also been filed, the without notice orders are to remain in force until the application for the on notice order is finally disposed of.⁴

[9] Although the Commissioner may apply to have the current orders extended, at this stage, the orders are to remain in force until Thursday 4 April 2019.

Solicitors:

RPB Law, Dunedin

¹ Criminal Proceeds (Recovery) Act, s 24(1).

2. Criminal Proceeds (Recovery) Act, s 5; Commissioner of Police v Doorman HC CIV-2010-442- 169.

³ S 22(1).

⁴ S 39(2).