17 December 2024

Asset Forfeiture: Commissioner of Police v. Piukana

 

Matangikolo Piukana’s extended family were unwittingly implicated in his Auckland Airport meth-smuggling operations when their bank account was frozen as proceeds of crime.  Forensic analysis of a shared community bank account was needed before the High Court approved release of their $192,100. 

Piukana was sentenced to eight years’ nine months’ imprisonment for his role as a baggage handler intercepting on the tarmac luggage containing meth flown in from Malaysia, bypassing Customs inspection.  This luggage was then handed on as instructed to contacts outside the airport.

A November 2021 police raid saw nearly $350,000 cash seized from two Auckland addresses.  In addition, funds totalling some $265,000 in a BNZ bank account were frozen.

Piukana later admitted that some, but not all, of the BNZ funds were sourced from pay-offs received for facilitating meth importations.

In a Criminal Proceeds (Recovery) Act High Court $413,200 settlement, Justice Gordon approved forfeiture of the cash plus some of the BNZ funds.

The court was told the BNZ account had a six figure balance prior to Piukana’s offending.

The normal rule is that all funds sitting in a bank account are ‘tainted’ as proceeds of crime whenever any ill-gotten gains are paid into that account, recognising the fungible nature of money.  Dollars in a bank account are not like cans of baked beans on a shelf, where there is the possibility of identifying the provenance of individual cans. 

Police accepted that $192,100 in the BNZ account were funds contributed by relatives unaware of and unconnected to Piukana’s criminal activity.

It was agreed this money is to be released to a new bank account controlled by innocent family members.

Commissioner of Police v. Piukana – High Court (17.12.24)

25.050