High-powered cars supposedly subject to proceeds of crime restraining orders are proving elusive as police attempt to track down what are allegedly gang-related seizures.
In April 2022, Daren Mark Standen met with Christchurch police to negotiate a Criminal Proceeds (Recovery) Act settlement following conviction for methamphetamine offences. He agreed to forfeit some $226,000 cash seized by police in late 2020 as being proceeds of crime. There were stumbling blocks over ownership of specific motor vehicles alleged to be tainted as purchased with proceeds of crime. First: a 2008 Porsche Cayenne, owned by Standen. This was taken from him he said, by gang members he was unwilling or unable to name. A court order was issued for seizure of the Porsche. The High Court was told it had quickly passed through hands of three different people, with the person currently in possession claiming to have paid $20,000 to buy it. Second: a 2003 Audi Quattro, registered in Standen’s name. This vehicle was also stolen from Standen in a gang-related robbery, police said. The High Court ordered forfeiture and sale of the Audi.
Within gang culture, disputed debts are commonly settled by force with the seizure of assets such as cars; a process colloquially described as ‘taxing.’ As a general rule, ownership of stolen cars remains with the original owner. Any person subsequently in possession cannot claim ownership, even when they did not know it was stolen and paid market price.
Commissioner of Police v. Standen – High Court (26.01.22 & 17.05.22)
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