A Rotorua man may lose his home after he used it to cultivate enough cannabis to make up to $102,000.
He had already made $20,000 from selling the drug.
John McInally Sharp, 41, unemployed, appeared in the Rotorua District Court for sentencing this week after previously pleading guilty to cultivating cannabis, supplying the drug and possessing cannabis for supply.
Judge Phillip Cooper adjourned the sentencing, transferring the matter to the High Court at Rotorua, after the Crown said it would apply for the forfeiture of Sharp's home.
After Sharp's appearance police confirmed this was the first time in Rotorua since new legislation was introduced that the Crown was applying for the forfeiture of a property as part of the sentencing process.
Under the Sentencing Amendment Act, passed in September last year, a property can be forfeited if considered "an instrument of crime".
Detective Sergeant Craig Hamilton of the Waikato-based Asset Recovery Unit, formerly Proceeds of Crime Unit, told The Daily Post there had been at least two other forfeitures in New Zealand similar to the Rotorua case.
However, Mr Hamilton said that as far as he was aware they were both the subject of appeals.
According to the summary of facts, police searched Sharp's property on August 27 and found an internal garage modified and converted into a "grow" room. The walls of the room were lined with reflective film, acting as an insulator and used to reflect light.
A fan was used to maintain the temperature and was monitored by a temperature gauge and to encourage air flow.
A large industrial air filter, which was ducted outside, was suspended from the ceiling to extract air from the room while eliminating the smell of cannabis to avoid detection by the neighbours. Another ducted fan had been installed to introduce fresh air into the room.
Several fertilisers and insecticides, used to help grow the cannabis, were found.
A total of 76 healthy plants, measuring between 25cm and 45cm, were in the room as well as a fish bin containing 1555 grams of dried quality cannabis head.
In what would normally be a walk-in wardrobe a small indoor cultivation set-up was operating. Four cannabis plants were found growing under a lighting hood with a timing system.
The 80 cannabis plants had the potential to sell for between $40,000 and $80,000.
The dried cannabis could have made between $13,875 and $22,750 if sold.
Also found behind a concealed panel in a downstairs room was $2660 in $20 and $100 notes.
When spoken to by police Sharp admitted growing and selling cannabis. He said he had been cultivating cannabis at the property since they moved there in late 2008.
Sharp said he had made $20,000 from selling the drug at the property.
He told police he had been selling the cannabis he produced in pound lots for $3500 and in ounce lots for $250.
Sharp admitted that the money found was from the sale of cannabis and that he used it to cover day-to-day expenses.
The summary of facts said Sharp was living with his partner and their two teenage children.
Rotorua Crown prosecutor Sarah-Louise Tapsell said the Crown would be applying for the forfeiture of Sharp's home.
Judge Cooper declined jurisdiction, saying he was limited by the sentencing guidelines and an application for forfeiture had to be made in the High Court.
Judge Cooper directed that Sharp allow a person into his home for a valuation to be done.
He remanded Sharp on bail for sentencing and the forfeiture application on May 19 in the High Court at Rotorua.
Meanwhile, Sharp's partner Melanie Jane Rolfe, 37, has also been charged. She is due to appear at a callover inthe Rotorua District Court on February 22.
Man could lose home for growing dope
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