BURMESTER v BURMESTER [2018] NZHC 2728

BURMESTER v BURMESTER [2018] NZHC 2728

Defendant's breach was deliberate and ongoing and undermined the administration of justice; however significant mitigation arose from the Court's finding she was acting at least partly under the influence of her father. Balancing seriousness and mitigation, a short custodial term is necessary and proportionate to coerce compliance; release to occur immediately on purging the contempt by signing the required documents.

Citation
[2018] NZHC 2728
Parties
Appellant: Peter Burmester; First Respondent: Beverley Joy Burmester; Second Respondent: Anneliese Burmester; Second Respondent: Sarah Burmester
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 October 2018
Procedural Posture
Property (relationships) Act 1976 – Contempt for Breach of Court Order / Penalty Hearing (committal to Prison)
Outcome
Anneliese Burmester committed to prison for a further period of seven days, release conditional on purging contempt by signing required documents
Legal Topics
Committal, Enforcement of Partnership Order, Purging Contempt, Sentencing Principles, Coercive Compliance
Family Law Contempt of Court Civil Procedure Property (relationships) Committal Enforcement of Partnership Order Purging Contempt Sentencing Principles +1 more

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Parties

Peter Burmester

Appellant

Beverley Joy Burmester

First Respondent

Anneliese Burmester

Second Respondent

Sarah Burmester

Second Respondent

Procedural Posture

Property (relationships) Act 1976 – Contempt for Breach of Court Order / Penalty Hearing (committal to Prison)

Legal Issues

  1. 1 Whether imprisonment is an appropriate penalty for contempt of the Partnership Order
  2. 2 Whether the defendant's personal circumstances and influence of a third party mitigate against imprisonment
  3. 3 Whether the contempt can be purged and release be conditional on compliance

Ratio Decidendi

Defendant's breach was deliberate and ongoing and undermined the administration of justice; however significant mitigation arose from the Court's finding she was acting at least partly under the influence of her father. Balancing seriousness and mitigation, a short custodial term is necessary and proportionate to coerce compliance; release to occur immediately on purging the contempt by signing the required documents.

Court Disposition

Anneliese Burmester committed to prison for a further period of seven days, release conditional on purging contempt by signing required documents

Orders

  • Anneliese Burmester committed to prison for a further period of seven days
  • Anneliese to be released prior to the expiry of that period if she purges her contempt by signing the required documents and providing them to Mrs Burmester's solicitors