Official Assignee v Mihaka

[2017] NZHC 2632

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-Ā-KAHU ROHE

CIV-2012-463-000359 [2017] NZHC 2632

UNDER

the Criminal Proceeds (Recovery) Act

2009

BETWEEN

THE OFFICIAL ASSIGNEE Applicant

AND

SHARON MARIE MIHAKA First Respondent

AND

LIONEL JEFFREY MIHAKA Second Respondent

AND

LEAH MARIE GREEN (AKA ARAMANUI)

Third Respondent

Hearing:	[On the papers]
Counsel:	M R Harborow and S J McDaid for Applicant P T Birks for Respondents
Judgment:	27 October 2017

JUDGMENT OF JAGOSE J

This judgment is delivered by me on 27 October 2017 at 11.30 am pursuant to r 11.5 of the High Court Rules.

..................................................... Registrar / Deputy Registrar

Solicitors/Counsel:

Meredith Connell, Auckland

Peter Birks, Barrister, Rotorua

THE OFFICIAL ASSIGNEE v MIHAKA [2017] NZHC 2632 [27 October 2017]

[1]      The applicant, the Official Assignee, applies for an order under s 59(1)(b) of the Criminal  Proceeds  Recovery Act  2009  (the “Act”),  effectively to  amend or supplement this Court’s 29 June 2017 profit forfeiture order made under the Act, to permit its order for realisation of property to be given effect.

[2]      The  amendment  or  supplement  is  to  authorise  the  Official  Assignee  to execute documents in the name of the registered proprietor(s) of the subject property, to meet the requirements of the Registrar-General of Land for registration of documents by other than the registered proprietor.

[3]      No response has been forthcoming from the respondent.

[4]      I agree  the  amendment  or  supplement  is  necessary to  give  effect  to  the Court’s profit forfeiture order. As essentially a mechanical addition to the order, the respondent can have no material objection.

[5]      I accordingly order:

(a)       Guy Sayers, of the Official Assignee’s office, has the power to execute any deed or instrument in the name of the registered proprietor(s) of the following real property, and to do anything necessary to give validity and operation to the deed or instrument, for the purposes of effecting the sale of the property.

(i)All the land the buildings of 6 John Street, Tokoroa, described in certificate of title SA69A/675 South Auckland Land Registration District being 812 square metres more or less being Lot 26 Deposited Plan 6272; and

(ii)All the land and buildings of 5050 State Highway 1, Kinleith, Tokoroa, described in certificate of title SA48A/711 South Auckland Land Registration District being 1/7th share of

2.1242 hectares more or less being Lot 1 Deposited Plan

55068.

—Jagose J