Broadcasting Act 1989

Complaints

16: Power to award costs

You could also call this:

"The Authority can make someone pay costs to another person or the Crown in a complaint."

Illustration for Broadcasting Act 1989

The Authority can order someone to pay costs to another person in a proceeding. You might have to pay costs if you are involved in a complaint. The Authority decides what costs are reasonable and can split them between parties. If you make a complaint, you usually do not have to pay costs to the other party unless the Authority thinks your complaint is frivolous or vexatious. You might also have to pay costs if you do not show up to a hearing or do not tell the Authority that you are abandoning your complaint. The Authority can also order you to pay costs to the Crown if you do not show up to a hearing or abandon your complaint. If the Authority finds that a broadcaster did something wrong, the broadcaster might have to pay costs to the Crown, as stated in section 13(2). The broadcaster has one month to pay the costs after they are told about the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM157440.


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"What happens after the Authority makes a decision on your complaint"


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17: Enforcement of orders for costs, or

"How to make someone pay costs ordered by the court"

Part 2Complaints

16Power to award costs

  1. Subject to subsection (2), the Authority may, in any proceedings, order any party to pay to any other party such costs and expenses (including expenses of witnesses) as are reasonable, and may apportion any such costs between the parties in such manner as it thinks fit.

  2. No award of costs shall be made under subsection (1) against the complainant unless,—

  3. in the opinion of the Authority, the complaint is frivolous or vexatious or one that ought not to have been made; or
    1. the Authority considers it proper to do so by reason of the failure of the complainant to prosecute any proceedings related to the complaint at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding related to the complaint.
      1. Where, through failure to prosecute any proceeding at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding, the Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sums for costs as it considers reasonable.

      2. Without limiting subsections (1) to (3), where the Authority finds a complaint against a broadcaster to be justified, in whole or in part, the Authority may order the broadcaster to pay to the Crown by way of costs, within 1 month after the date on which notice in writing of the decision is given to the broadcaster under section 13(2), such sum not exceeding $5,000, as the Authority thinks fit.

      Notes
      • Section 16(2): amended, on , by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).
      • Section 16(4): added, on , by section 8 of the Broadcasting Amendment Act 1996 (1996 No 53).