10 Jul 2018
AITCHISON v THE WELLINGTON CITY COUNCIL [2018] NZHC 1674
- Citation
- [2018] NZHC 1674
- Court
- High Court
The High Court held there was no presumption shielding the Council from costs in these proceedings because the Council adopted an active, partisan position rather than a neutral primary-decision-maker role; the Council failed to discharge its enforcement/clarification responsibilities regarding an ambiguous district plan standard, forcing the Aitchisons to incur substantial and reasonably incurred costs; second counsel fees were justified; an elevated award of 60% of the successful parties' reasonable costs was appropriate and the private respondent (WEL) was ordered to pay $16,500 with the C…