The Queen v Angela Elizabeth Beaumont

[2000] NZCA 244

Civil

14/Aug/2000	CA267/99	Owen v Residual Health Management Unit & Ors	LIMITATION OF PROCEEDINGS - recognisable psychiatric disorder or illness is a "bodily injury" within s4(7) Limitation Act 1950 - proceeding by parents for mental shock caused by injuries to their child suffered at birth as result of alleged negligence of defendants - proceedings commenced without leave more than 2 years and less than 6 years after that even - leave never sought - proceeding statute barred.
15/Aug/2000	CA133/00	Commissioner of Police v Campbell	EMPLOYMENT CONTRACTS - construction of employment contract of non-sworn member of police - no claim able to be made directly based on ss56 and 58 State Sector Act 1988 - but open to a Court to conduct that reference to those sections in the contract gave rise to contractual rights - question of interpretation are for Employment Court - no right of appeal existing - s135 Employment Contracts Act 1991.
17/Aug/2000	CA64/00	Body Corporate 97010 v Auckland City Council & Anor	RESOURCE MANAGEMENT - applications for variation of conditions imposed on resource consent and for extension of time to implement consent as varied - ss127 and 125 Resource Management Act 1991 - distinction between activity and conditions imposed upon it - on variation simpliciter the consent holder enjoys the protection of the consent - therefore comparison of effects is between those which might occur if the development proceeded as originally consented and those which may occur as a result of the variation - but on extension application concern is with effects of proceeding with development later in time - consent authority must consider whether policies and objectives of a proposed plan notified since the original consent will be compromised - not entitled simply to give greater weight to operative plan.
18/Aug/2000	CA69/00	Pauling v Williams & Minister of Health	Civil procedure - inappropriate use of R 418 - appeal allowed with consent. REASONS FOR JUDGMENT: 18/8/00.

Criminal

16/Aug/2000	221/00	MAIHI Corey Jamie v R	Criminal Law - Sentence appeal on disparity - difference clearly justified on the factual analysis and total circumstances.
16/Aug/2000	196/00	BERRY Richard John Michael v R	Criminal Law-Sentence-accessory after fact to aggravated robbery involving home invasion-ascertainment of maximum sentence under s312-maximum 5 years-sentence of 2« years on erroneous assumption maximum 19 years reduced to 12 months with leave to apply for home detention.
16/Aug/2000	211/00	FLYGER Mark Alexander v R	Trial on indictment before Judge alone - s 347 Crimes Act 1961 - dismissal of accused's application at end of Crown case - Judge applied "no case" test - accused then gave evidence - appeal against conviction on the grounds of miscarriage of justice in that the Judge should have applied a "beyond reasonable doubt" test on the s 347 application - Judge's approach was correct - observations on s 347
17/Aug/2000	226/00	R v WRIGHT Keith Edward	Criminal Law Similar facts - appeal against refusal to admit evidence allowed.