Bill Elers, who previously led the Mataura chapter of the gang in Southland, defended the property’s significance in the High Court, describing it as a communal gathering place for family and friends, akin to a marae.
The Crown sought to seize the property under the Criminal Proceeds (Recovery) Act, which permits the confiscation of assets derived from significant criminal activity.
However, the High Court has decided in favor of Elers, allowing him to keep his property.
In a judgment released recently, Justice Christine Gordon nullified the order against the property located at Albion St, which holds a CV of $225,000.
Though the property is registered under Elers’ name, the confiscation order targeted his son, Turoirangi Atarea Harmer-Elers, the current president of the Mataura Mongrel Mob chapter.
Elers filed the claim to overturn the order.
Understanding the Criminal Activities at the Gang Pad
The Crown alleged that Harmer-Elers controlled the property from January to November 2022, during which it was the site of multiple assaults.
They contended that Elers was aware of the property’s use for criminal activities, despite having left it under the care of his son and others when he relocated to the North Island in 2013.
Elers refuted these claims, asserting that he lived in the North Island during the offenses and had limited contact with Harmer-Elers.
Justice Gordon acknowledged the property’s role in criminal activities but disagreed with the Crown’s claim that Harmer-Elers had “effective control” over it.
The judgment confirmed that Elers acquired his interest in the property before any illegal activities occurred and was not involved in the offenses.
Harmer-Elers is currently serving a prison sentence of three years and four months for kidnapping and assault with intent to injure, related to an assault on a gang member at the property in August 2022.
This violence stemmed from an internal gang conflict, which led to a series of violent incidents that year, including drive-by shootings and assaults resulting in critical injuries.
Operation Pakari, the police’s response to this violence, led to the prosecution of six gang members, with sentences ranging from three years and four months to six years.
The Crown’s argument relied on the notion of “effective control” to suggest Harmer-Elers had an interest in the property.
Fiona Guy Kidd, KC, representing Elers, argued that Harmer-Elers’ involvement with the property was comparable to that of a tenant, lacking the legal protections of a tenancy or rental agreement.
Guy Kidd emphasized that the situation did not involve “sham ownership” for another, citing Elers’ assertion of ownership.
Elers testified that he purchased the property with earnings from his work as a shearer and at the freezing works.
He explained that when he moved to the North Island, an arrangement was made for others to cover the property’s rates, insurance, and maintenance.
‘It’s like a marae’
Elers informed the court that he returned to the property at the end of 2023, intending it to be a place for “everyone.”
“That is from now on, it’s like a marae,” he stated during the April hearing.
Elers mentioned that over the years, the property had hosted family, friends, other clubs, shearers, fruit pickers, and after-hours workers.
Justice Gordon accepted that Harmer-Elers could not prevent his father from accessing the property and held no legal interest in it.
While acknowledging Harmer-Elers’ control over the gang as president, Justice Gordon concluded this did not translate into control over the property.
Justice Gordon determined that Elers held a full interest in the property, and his son lacked effective control over it.
“The fact that, as president or captain, Mr. Harmer-Elers had a degree of control over the gang members, and that the property was used as a gang pad, did not give him ‘effective control’,” the judgment stated.
– Al Williams, Open Justice reporter
