Commissioner of Police v Unknown - [2026] NZHC 446

Date of Judgment

04 March 2026

Decision

Commissioner of Police v Unknown (PDF 190 KB)

Summary

The High Court has made orders under the Criminal Proceeds (Recovery) Act 2009 in a case where home-owners found $232,400 cash concealed in the ceiling of their residence they had recently purchased. They handed the money to the Police. Evidence established the cash was probably “tainted” in the sense it was derived from drug dealing. Police sought a forfeiture order over all the cash. The home-owners sought an order entitling them to all the cash. The parties reached an agreement for approval by the Court under the Act. The Court has approved a settlement whereby the cash vests in the Crown but the Crown is to pay the homeowners $40,000.