Edwards v Ministry of Social Development
[2018] NZHC 1792
•19 July 2018
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CRI-2017-419-000070
CRI-2016-019-002837 [2018] NZHC 1792
BETWEEN ALVINA JEAN EDWARDS
Appellant
AND
MINISTRY OF SOCIAL DEVELOPMENT
Respondent
Hearing: 19 July 2018 Counsel:
L J R Wilkins for Appellant M L Dillon for Respondent
Judgment:
19 July 2018
JUDGMENT (No 2) OF PAUL DAVISON J
This judgment was delivered by me on 19 July 2018 at 1:00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Crown Solicitor, Hamilton
EDWARDS v MSD Judgment No 2 [2018] NZHC 1792 [19 July 2018]
[1] In my judgment of 13 June 2018 I indicated my intention to grant Ms Edwards’ application for discharge pursuant to s 106 of the Sentencing Act 2002, subject to being satisfied regarding a repayment plan by her pursuant to which she was to propose terms which would repay the full amount within a reasonable period.1
[2] Ms Edwards has filed an affidavit setting out the basis upon which she proposed to repay the full amount from her income over a period of four years. The proposal is supported by a repayment plan prepared with the assistance of a financial mentor of the Hamilton Budgeting Advisory Trust. Also attached to Ms Edwards’ affidavit is correspondence from a Collections Officer of Work and Income confirming that the proposed repayment plan is acceptable to Work and Income’s Collections Unit.
[3] Mr Dillon, for the Ministry, advises that he accepts that Ms Edwards has made a realistic commitment to repay the full amount of reparation having regard to her financial position and resources.
[4] I am satisfied that Ms Edwards’ proposal, supported by her undertaking to the Court to contribute at least 20 per cent of her net post-tax income to reparation of the outstanding sum, is a satisfactory basis upon which to confirm my indication.
[5] I therefore make an order discharging Ms Edwards pursuant to s 106 of the Sentencing Act 2002.
Paul Davison J
1 Edwards v Ministry of Social Development [2018] NZHC 1404.
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