As a result of what Judge Stephen Bonnar KC described as an “unrelated incident” on Ruapehu while the trio were on the mountain, police were called and it became apparent they were in breach of the Covid-19 orders in place at the time.
They were arrested and later pleaded guilty to breaching a Covid-19 Public Health Response Order.
Only Amos Lochhead, 20, appeared for the trio’s sentencing on Thursday in the Auckland District Court.
His brother Israel’s lawyer presented a medical note to the court that was deemed inadequate by Judge Bonnar. The judge issued a warrant for his arrest that will lie in the District Court until 4pm Friday, when it will be activated unless he turns up to the court or provides an adequate medical certificate.
A warrant was issued for the arrest of Schluter in May after he failed to appear for an earlier hearing.
Amos’ lawyer Luke Ameye said he acted under the influence of his brother, who is five years older. The brothers have since fallen out, the court heard.
Ameye sought a conviction and discharge, unopposed by police.
Ameye submitted his client recognised a conviction would have consequences for his future employment, but nevertheless Amos was choosing not to advance an application for a discharge without conviction.
Judge Bonnar granted the application for a conviction and discharge.
“The courts recognise that sometimes young people do stupid things,” the judge said.