Edwards v Ministry of Social Development

[2018] NZHC 1792

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.