13 Aug 2021
OCEAN FISHERIES LTD v MARITIME NEW ZEALAND [2021] NZHC 2083
- Citation
- [2021] 3 NZLR 443
- Court
- High Court
Once the statutory threshold for emotional harm reparation is satisfied, the offender's degree of culpability or refined causation analysis is not generally relevant to the quantum of emotional harm reparation; reparation is compensatory and may be assessed on an individual basis where appropriate to the family structures and victims before the Court; prior interim payments may be considered in mitigation when fixing fines but are not automatically deducted dollar-for-dollar from emotional harm awards; the District Court's reparation orders were not in error and the High Court allows the cros…