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Allen Property (Esk Valley) - IRD Seizure Case

Investigation document: Allen Property (Esk Valley) - IRD Seizure Case

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ALLEN PROPERTY (ESK VALLEY) INVESTIGATION

Investigation Date: December 26, 2025

PROPERTY INFORMATION

| Field | Value |

|-------|-------|

| Owner | Shaun Roberts Allen |

| Location | Esk Valley, Hawke's Bay, New Zealand |

| Size | 840 acres |

| Purchase Date | May 1992 |

| Purchase Price | $150,000 |

| Condition | Mostly covered in bush |


THE SEIZURE

Wikipedia Summary

According to Wikipedia "Seizure of Shaun Allen's farm":

> "In 1992, Shaun Roberts Allen purchased an 840 acre farm, mostly covered in bush, in the Esk Valley, Hawke's Bay, New Zealand for $150,000"

Timeline

| Date | Event |

|------|-------|

| May 1992 | Allen purchased the farm |

| January 21, 1993 | Helicopter raid - police discovered cannabis plants |

| 1993-present | Legal battle ongoing |

| February 2025 | Case potentially heading to Privy Council |


LEGAL BATTLE

NZ Herald (February 7, 2025)

> "Farm lost over cannabis plants: Could the jailing of Napier man Shaun Allen be NZ's last case to be heard by the Privy Council?"

The Post (February 8, 2025)

> "Allen bought his Esk Valley farm in May 1992. On January 21 1993, a helicopter rose over a ridgeline where Allen was fencing, and winched..."

Duration

  • 32+ years of legal battle
  • Potentially the last NZ case to go to Privy Council

LOCATION CONTEXT

Esk Valley, Hawke's Bay

  • Rural farming area near Napier
  • Wine growing region
  • Affected by Cyclone Gabrielle (February 2023)
  • Railway line runs through the valley

Proximity to Other Entities

  • Near Napier (where Ravensdown operates)
  • Near port facilities (where Gulf Livestock 1 departed)
  • Near Princess Alexandra Medical Trust area

NOTES FOR FURTHER INVESTIGATION

  • Need to verify railway connections through the property
  • Need to investigate any cattle operations on or near the property
  • Need to verify timeline of events
  • Need to investigate any connections to other entities in the research

DETAILED FINDINGS FROM WIKIPEDIA

The Raid (January 21, 1993)

  • Police raided property and claimed to find 1,038 cannabis plants over 13 plots
  • Same day, police raided Allen's house in Napier (1 hour drive away)
  • Claimed to find 33,500 cannabis seeds at house
  • Seeds were allegedly left by friend Toria Edwards (Black Power member) 2 days before raid

Legal Outcomes

| Event | Outcome |

|-------|---------|

| First Trial | Hung jury (11 jurors voted to acquit) |

| Second Trial | Guilty - 18 months prison |

| Property Seizure | Farm confiscated under Proceeds of Crime Act (1991) |

| Status | First person in NZ to have property seized under the Act |

| Result | Allen bankrupted |


CRITICAL EVIDENCE ISSUES

1. Search Warrant Problems

  • Police had warrant for house in Napier
  • NO WARRANT produced for farm raid
  • Police showed Allen a warrant for "Shaun Robert Campbell" (different person)
  • Police claimed they "lost" the correct warrant

2. No Photographic Evidence

  • Officer Lawrence De Luca claimed camera wasn't working
  • Police returned to farm multiple times but never photographed cannabis plots
  • Cannabis destroyed without being photographed

3. Police Notebook Issues

Forensic examiner Linda Morrell (March 1999) found:

  • No exhibit stamp (required for legal proceedings)
  • Three different inks used on raid day entries
  • Two pages removed
  • Six pages not handed to defence
  • Notebook "disappeared" from Crown Law files in 2005

4. MODA Document Issues

  • MODA report supposedly created on computer terminal "HAPWAB"
  • Police confirmed no such computer terminal exists
  • Former detective Wayne Kiely: "there is no way that [MODA] can be a genuine document"

5. Chain of Custody Breach

  • Cannabis samples delivered by unauthorized courier
  • Scientific examiner couldn't provide Certificate of Analysis
  • Examiner's notes describing cannabis as mature (not recently planted) never presented to court

THE RAILWAY CONNECTION

Critical Finding

From Wikipedia:

> "Allen's farm was accessible on foot or motorbike via a gravel road, and the Napier-Gisborne railway, which went all the way through it."

Evidence of Trespassers

  • Railway worker testified seeing trespassers walking along railway line
  • Railway worker found cannabis plot near railway line
  • Previous owner John May testified:
- Often saw trespassers and vehicle tracks - Found cannabis plots on farm on two separate occasions (before Allen bought it)

Expert Opinion

Detective Senior Sergeant John Miller (drug recovery operations, Northland):

> "Finding cannabis on a particular property did not mean the landowner was responsible. It was quite common for someone to grow it on a nearby property to avoid detection."


CATTLE FARMING OPERATION

From Wikipedia:

> "He bought some wagyu cattle and wanted to become a cattle farmer. He drove to the farm from Napier several times a week to look after them" > "The cattle were kept on a relatively small area of the farm, nowhere near where the cannabis was subsequently located – among thick scrub"

EVIDENCE OF PRE-EXISTING CANNABIS

Former police detective Wayne Kiely:

> "had access to a video of metal pipes used to supply water to the cannabis plot on Allen's farm which had been in place for years, long before Shaun Allen owned the property"

JURY ISSUES (Second Trial)

  • Allen alleges up to 6 jury members had connections with police
  • One female juror had son who was police officer in Hastings
  • Judge permitted her to stay on jury
  • Allen's lawyer: "There were a whole lot of shenanigans that went on, [between the police, and the jury]"

FINANCIAL IMPACT

| Item | Amount |

|------|--------|

| Farm Purchase (1992) | $150,000 |

| Lotto Win (1997) | $500,000 |

| Spent on lawyers/investigators | Almost all of $500,000 |

| Current Status | Lives in shed on daughter's property |


ONGOING LEGAL BATTLE

  • 32+ years fighting to clear name
  • Criminal Cases Review Commission application
  • Potentially last NZ case to go to Privy Council
  • Supreme Court of New Zealand involvement