A Christchurch couple who found $232,400 cash in the ceiling of their house will be paid $40,000 – after a settlement was endorsed in the High Court today.
The couple, who are married with one child, purchased the home in December 2021.
In May 2022, an electrician was working in the ceiling space of the property and accompanied by one of the homeowners, discovered five sealed plastic bags, with accumulated dust over them.
The homeowner contacted police, who then discovered $232,440 in cash, primarily made up of $50 notes.
Police said the cash should be forfeited as it was believed to be proceeds of crime – likely drug dealing.
In February 2024, police applied to the High Court for a forfeiture order over the money, under circumstances where the property was linked to criminal offending, and received a restraining order against the money.
The couple opposed the forfeiture application and asserted their possessory title in the cash.
Evidence was then filed by police for the hearing of the forfeiture application. Through counsel, the parties filed full written submissions, which counsel addressed at an oral hearing.
After hearing the submissions, Justice Robert Osborne reserved his judgement.
However, through the exchanges in the course of the hearing and discussions between counsel following the hearing, the parties were able to reach terms of a settlement which they then submitted to the court for approval.
Today in the High Court, Justice Osborne concluded the settlement reached should be approved.
The High Court ordered an agreed settlement between the parties involved whereby the cash would remain with the Crown, who would pay the homeowners $40,000.
In his decision, Justice Osborne said: "If this court were to strip from innocent finders of cash such as these interested parties any prospect of some cash recognition for handing the cash to the authorities, dishonesty could be unintentionally promoted."
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