George Boraman v Otis Elevator Company Limited [2017] NZDC 4889

Published 06 April 2017

Application for leave to file out of time — prosecution by WorkSafe — Health and Safety in Employment Act 1992 — Criminal Procedure Act 2011, s 54C — Criminal Procedure Rules 2012, r 1.7. The Court upheld the defendant's jurisdictional challenge and rejected a charging document filed out of time. The Court did not have jurisdiction to accept a charging document filed two days out of time. Both the charging document and the application were held to be nullities. Judgment Date: 10 March 2017.