THE MOTITI ROHE MOANA TRUST v BAY OF PLENTY REGIONAL COUNCIL [2023] NZHC 622

THE MOTITI ROHE MOANA TRUST v BAY OF PLENTY REGIONAL COUNCIL [2023] NZHC 622

The Council was entitled to costs; the Council's 2B calculation of $19,000.50 for the appeal was reasonable and materially less than earlier claimed amounts, MRMT did not contest the calculation or seek to be heard, the Council had waived its separate judicial review claim, and the Court therefore awarded $19,000.50 to the Council and directed the $1,195 security be paid to the Council in partial satisfaction.

Citation
[2023] NZHC 622
Parties
Appellant/first Plaintiff: The Trustees of the Motiti Rohe Moana Trust; Second Plaintiff: Ngāti Mākino Heritage Trust; Third Plaintiff: Te Maru o Ngāti Rangiwewehi; Respondent/defendant: Bay of Plenty Regional Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 March 2023
Procedural Posture
Resource Management Act Appeal and Judicial Review / Costs Determination at High Court
Outcome
Costs awarded to Bay of Plenty Regional Council against The Trustees of the Motiti Rohe Moana Trust in the sum of $19,000.50; security for costs of $1,195 to be paid out to the Council in partial satisfaction; prior Supreme Court leave application dismissed with costs of $2,500 to Council.
Legal Topics
Costs in Litigation, Appeal, Security for Costs, Waiver of Costs
Resource Management Act 1991 Judicial Review Civil Procedure Costs Costs in Litigation Appeal Security for Costs Waiver of Costs

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Parties

The Trustees of the Motiti Rohe Moana Trust

Appellant/first Plaintiff

Ngāti Mākino Heritage Trust

Second Plaintiff

Te Maru o Ngāti Rangiwewehi

Third Plaintiff

Bay of Plenty Regional Council

Respondent/defendant

Procedural Posture

Resource Management Act Appeal and Judicial Review / Costs Determination at High Court

Legal Issues

  1. 1 Whether the Council was entitled to costs
  2. 2 Quantum of costs assessed on a 2B basis
  3. 3 Effect of Council waiving costs for the judicial review claim

Ratio Decidendi

The Council was entitled to costs; the Council's 2B calculation of $19,000.50 for the appeal was reasonable and materially less than earlier claimed amounts, MRMT did not contest the calculation or seek to be heard, the Council had waived its separate judicial review claim, and the Court therefore awarded $19,000.50 to the Council and directed the $1,195 security be paid to the Council in partial satisfaction.

Court Disposition

Costs awarded to Bay of Plenty Regional Council against The Trustees of the Motiti Rohe Moana Trust in the sum of $19,000.50; security for costs of $1,195 to be paid out to the Council in partial satisfaction; prior Supreme Court leave application dismissed with costs of $2,500 to Council.

Orders

  • The Trustees of the Motiti Rohe Moana Trust to pay costs to Bay of Plenty Regional Council in the sum of $19,000.50.
  • Security for costs paid into Court of $1,195 to be paid out to Bay of Plenty Regional Council in partial satisfaction of the costs award.