21 May 2020
BOOTH v TITO [2020] NZHC 1071
- Citation
- [2020] NZHC 1071
- Court
- High Court
The respondent committed a planned and prolonged breach of the Maori Land Court injunction causing prejudice to the entitled parties; however mitigating factors (sincere tikanga belief, apology, partial restitution, undertakings, personal mitigation and time served in custody) rendered the contempt moderately serious and justified a non‑custodial monetary penalty; accordingly the Court imposed a fine of $2,000 and awarded actual legal costs of $17,627 to the Booths, with a clear warning that further breaches will likely result in imprisonment.