IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE	
CIV-2019-419-000163
[2020] NZHC 3149	

UNDER	the Criminal Proceeds (Recovery) Act 2009	
BETWEEN	COMMISSIONER OF POLICE
Applicant	
AND	JARON DAVID McIVOR
Respondent	

	CIV-2019-419-000280	

BETWEEN	
COMMISSIONER OF POLICE
Applicant	
AND	ANDREW WILLIAM McIVOR
Respondent	

Hearing:	On the papers	
Judgment:	30 November 2020	

JUDGMENT OF DOWNS J

This judgment was delivered by me on Monday, 30 November 2020 at 11.30 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:
Crown Solicitor, Hamilton. McKenna King Ltd, Hamilton.

COMMISSIONER OF POLICE v McIVOR [2020] NZHC 3149 [30 November 2020]

[1]	Police investigated Jaron McIvor for downloading and selling pirated movies. The Commissioner of Police restrained funds in his bank accounts totalling almost
$818,000  and  crypto-currencies  now  worth  more  than $21 million.	Mr McIvor acknowledged profiting from downloading and selling movies protected by copyright.

[2]	Some of Mr McIvor’s ill-gotten gains found their way to bank accounts of his brother, Andrew. The Commissioner restrained almost $386,000 and crypto- currencies now worth $1.77 million in his accounts.

[3]	The brothers recently agreed to forfeiture of all crypto-currencies and all but
$400,000. I approved their agreement with the Commissioner on 16 November 2020.

[4]	I was satisfied this outcome was consistent with the purposes of  the  Criminal Proceeds (Recovery) Act 2009, and the overall interests of justice. I reached this conclusion because the overwhelming majority of restrained funds were forfeited, and litigation over the balance (of $400,000) would be disproportionately expensive and time consuming. In short, I considered settlement met the public interest.

……………………………..
Downs J