Commissioner of Police v Cooper

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2023-442-41

[2025] NZHC 376

UNDER the Criminal Proceeds (Recovery) Act 2009

IN THE MATTER

of an application for a type 1 asset forfeiture order pursuant to ss 49 and 50

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

HUNTER DAVID JOHN COOPER

Respondent

Hearing (Via VMR): 3 March 2025

Counsel:

J M Webber for Applicant

No appearance for Respondent

Minute:

3 March 2025

JUDGMENT OF GWYN J

[Asset Forfeiture Order]

[1]This matter was called in the Criminal Proceeds List on 3 March 2025.

[2] The Commissioner of Police (the Commissioner) has applied for a type 1 asset forfeiture order in respect of currently restrained property, being:

(a)Various amount of crypto currency.

(b)The sum of $18,831 being the net proceeds of the sale of a blue 2008 Lexus IS-F, registration number JGZ52. Official Assignee asset ID 1236906 (Lexus).

THE COMMISSIONER OF POLICE v COOPER [2025] NZHC 376 [3 March 2025]

(c)
The sum of $4,521.76 being the net proceeds of the sale of

Toyota Landcruiser Prado, registration number DMS796.

a 2006

Official

Assignee asset ID 1236907 (Landcruiser).1

(the property)

[3] Mr Harrison, counsel for the respondent, has signed a consent memorandum confirming that Mr Cooper does not oppose the forfeiture application.

[4] The consent memorandum also records that the respondent accepts that the assets described in the forfeiture application have, wholly or in part, been acquired as a result of significant criminal activity, or directly or in-directly been derived from a significant criminal activity, namely the importation and sale of controlled drugs.

[5] The respondent has pleaded guilty to a representative charge of importing the class B controlled drug MDMA, under s 6(1)(a) and (2)(b) of the Misuse of Drugs Act 1975, relating to a total 15 importations, during the period from April to November 2022. He has also pleaded guilty to possession of the class B controlled drug MDMA for supply, under s 6(1)(f) and (2)(b) of the Misuse of Drugs Act 1975, in relation to a 1.8kg package of methamphetamine found in his possession during a search in May 2023.

[6] On 3 December 2024 the respondent was sentenced to three and a half years’ imprisonment in relation to those charges. Although the respondent has appealed that sentence, he does not challenge the convictions.

[7] The Commissioner has filed an affidavit from Detective Allan Newton, dated 13 September 2023. The affidavit was filed in support of the original without notice application for a restraining order but is relevant to this forfeiture application.

[8] In light of the consent memorandum I have considered the forfeiture application on the papers, also having regard to the affidavit in support. I am satisfied on the balance of probabilities that the property is tainted property, having been

1 Both the Lexus and the Landcruiser were sold pursuant to a sale order made by Grau J on 17 May 2024: Commissioner of Police v Cooper [2024] NZHC 1246.

acquired as a result of significant criminal activity, or directly or indirectly derived from significant criminal activity, namely the importation and sale of controlled drugs.

[9] Accordingly, I make an Asset Forfeiture Order in the terms contained in the Commissioner’s application of 20 February 2025.

Gwyn J

CaseChat Overview and Summary

The High Court of New Zealand, Nelson Registry, was tasked with considering an application for a type 1 asset forfeiture order under the Criminal Proceeds (Recovery) Act 2009. The applicant, the Commissioner of Police, sought to forfeit property that had been restrained, including various amounts of cryptocurrency, the net proceeds from the sale of a 2008 Lexus IS-F, and the net proceeds from the sale of a 2006 Toyota Landcruiser Prado. The respondent, Hunter David John Cooper, did not oppose the application and acknowledged that the assets in question were derived from significant criminal activities, specifically the importation and sale of controlled drugs.

The legal issues before the court were whether the property was tainted, having been acquired or derived from significant criminal activity, and if so, whether an asset forfeiture order should be granted. The court needed to determine if the Commissioner had established on the balance of probabilities that the property met the criteria for forfeiture under the Act. The court also had to consider the respondent's pleas of guilty to charges related to the importation and possession of controlled drugs, and whether these convictions supported the conclusion that the property was tainted.

The court, Gwyn J, found that the respondent's admissions and the nature of his criminal activity provided sufficient evidence that the property was tainted. The respondent's guilty pleas to charges of importing and possessing controlled drugs demonstrated that the property was derived from significant criminal activity. The court accepted the Commissioner's application for an asset forfeiture order, confirming that the property was tainted and ordering its forfeiture. The court was satisfied that the Commissioner had discharged the onus of proof, and the respondent did not challenge the forfeiture application.

The court ordered that the specified property be forfeited to the Crown. This included the various amounts of cryptocurrency, the net proceeds from the sale of the 2008 Lexus IS-F, and the net proceeds from the sale of the 2006 Toyota Landcruiser Prado. The order was made in accordance with the terms of the Commissioner's application dated 20 February 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Criminal Proceeds (Recovery) Act 2009
IN THE MATTER	of an application for a type 1 asset forfeiture order pursuant to ss 49 and 50
BETWEEN	THE COMMISSIONER OF POLICE Applicant
AND	HUNTER DAVID JOHN COOPER Respondent