Commissioner of Police v JRB

[2020] NZHC 1623

BY ORDER OF THE DISTRICT COURT THE NAMES OF THE RESPONDENTS ARE SUPPRESSED UNTIL FURTHER ORDER OF THAT COURT

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE

CIV-2018-416-44

[2020] NZHC 1623

BETWEEN

THE COMMISSIONER OF POLICE

Applicant

AND

JRB

First Respondent

MB
Second Respondent

BEL

Third Respondent

TBFT
Fourth Respondent

AND

ANZ BANK NEW ZEALAND LIMITED

First Interested Party

On the papers
Counsel:	M J M Mitchell for Applicant No appearance for Respondents
Judgment:	9 July 2020

JUDGMENT OF SIMON FRANCE J

[1]                 On 30 October I issued judgment on the Commissioner’s on notice application for restraining orders.1 The matter was considered on the papers as the respondents took no role despite several amended deadlines.

1      Commissioner of Police v B [2019] NZHC 2770.

COMMISSIONER OF POLICE v B & ORS [2020] NZHC 1623 [9 July 2020]

[2]                 The judgment makes orders based  on  the  Commissioner’s  application  of 25 February 2019. There had, however, been an amended application filed on 12 July which should have been the application considered. This judgment addresses the subsequent application.

[3]                 The earlier judgment provides the context, and my reasons for being satisfied it is appropriate to make restraining orders. I have considered the further memorandum of counsel identifying the changes between the two applications, and the evidential base for those changes.   I am satisfied that the orders as sought on    12 July 2019 are appropriately made.

[4]                 In the judgment of 30 October I rejected an order covering “all other property of the respondents”. For the same reason I decline that order in the 12 July application.

Orders

[5]                 The orders sought in the 12 July  application  are  made  other  than paragraph (lxii).

Simon France J

Solicitors:

Crown Solicitor, Napier for Applicant