Police officers raided the Auckland home that brothers Peneke and Metuakore Paruru shared with their mother on October 18, 2022.
They found deadbolt-locked wardrobes in two adjoining bedrooms.
In Peneke’s bedroom they found a padlocked sports bag containing more than 200g of cannabis in ziplock bags. They also found a red 2B5 notebook with a “tick list”.
In Metuakore’s bedroom, they found $2840 in cash inside a shoe. A further $460 in cash was found in a black adidas bag.
Metuakore later told the officers the money was his earnings from window-washing over the previous few days.
Police found another $74,045 cash secured into bundles inside Metuakore’s locked wardrobe.
He said this money had been his earnings from washing windows in the past “three or four years”.
A money-counting machine was found under his bed.
The brothers were charged with the possession of cannabis for supply, but Metuakore’s charge was later withdrawn.
Brother pleads guilty
Peneke went on to plead guilty to the charge and was sentenced to two months of community detention in March 2024.
The police then made an application to the High Court at Auckland seeking the forfeiture of the money they found under the Criminal Proceeds (Recovery) Act 2009.
The act aims to prevent criminals from profiting from their illegal activities by confiscating the assets they acquire and forfeiting them to the Crown.
Justice Michele Wilkinson-Smith made the order for forfeiture of $77,345.
Justice Michele Wilkinson-Smith said she was satisfied the cash was "tainted" as the proceeds of crime. Photo / Whanganui Chronicle
“Despite Mr [Peneke] Paruru’s guilty plea, the Commissioner [of Police] considers it more likely that both the cash and the cannabis belonged to Mr M Paruru, or that the cannabis operation was at least a joint venture between the two brothers,” Justice Wilkinson-Smith said in her decision.
She said that, notably, the cash was found in Metuakore’s room, alongside the counting machine, and initially he claimed ownership of it, she said.
“Further, Mr M Paruru was identified through text messages as being apparently involved in cannabis supply,” she said.
Justice Wilkinson-Smith said Metuakore’s declared income in the 2022 tax year amounted to $32,900.
The judge said the police’s position was that “the cash can only have been derived from his selling of cannabis and is accordingly tainted”.
Although Metuakore initially said the money was his, both brothers later signed a police officer’s notebook statement to relinquish any claim they had to the money.
The judge raised an issue that has arisen in other recent cases – that arguably, police held on to the money beyond the date when they had a legal basis to do so, before seeking a forfeiture order from the court.
Police action may be unlawful
In this case, Justice Wilkinson-Smith said the police may have been holding the money unlawfully beyond March 26, 2024, the date when criminal proceedings ended with the sentencing of Peneke Paruru.
They did not apply for restraint or forfeiture of the money until January 2025.
“I raise the potential unlawful retention in case an issue is raised in the future as the basis of a claim that the cash should not be forfeited,” Justice Wilkinson-Smith said.
“I am satisfied, however, that the cash is tainted and the proceeds of crime,” she said.
“The potential unlawful retention by police does not alter the fact that the cash is liable to forfeiture.”
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
