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Inquiries Act 2013

Sanctions and miscellaneous matters - Sanctions able to be imposed by or on behalf of inquiry - Orders for award of costs

28: Award of costs

You could also call this:

"Paying for slowing down an inquiry: when you might have to pay costs"

Illustration for Inquiries Act 2013

If you are part of an inquiry, you might have to pay costs if your actions slow it down or make it more expensive. The inquiry can decide to make you pay costs if it thinks your behaviour has caused problems. This can happen even if the inquiry does not hold any hearings. The inquiry gets to choose how much you have to pay, and it can make you pay all or some of the costs.

The inquiry can tell you to pay the costs to itself, to people who took part in the inquiry, or to both. It can also say how the costs should be split between these people. If the inquiry makes an order for you to pay costs, it can be enforced like a court judgment if it is filed in a court.

If you do not agree with the order to pay costs, you can appeal to the High Court. The High Court's decision on the appeal is final, meaning you cannot appeal it further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566172.

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"Protections for people taking part in an inquiry, like a court case"

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Part 4Sanctions and miscellaneous matters
Sanctions able to be imposed by or on behalf of inquiry: Orders for award of costs

28Award of costs

  1. An inquiry may, on its own initiative or on the application of any person, by order make an award of costs against any person participating in, or summoned to appear before, the inquiry if it is satisfied that the conduct of the person against whom the order is made has unduly lengthened or obstructed the inquiry or has added undue cost to the inquiry.

  2. Subsection (1) applies whether or not an inquiry holds any hearings.

  3. An inquiry may—

  4. set the award of costs at any level it thinks reasonable, having regard to all the circumstances; and
    1. require the costs to be paid, in whole or in part,—
      1. to the inquiry; or
        1. to 1 or more persons who participated in the inquiry; or
          1. to the parties referred to in both subparagraphs (i) and (ii), in the proportion specified in the order.

          2. An order for an award of costs made under this section, if filed in the registry of any court of competent jurisdiction, becomes enforceable as a judgment of that court in its civil jurisdiction.

          3. A person who is dissatisfied with an order made under subsection (1) may appeal the order to the High Court on a question of fact or law.

          4. A decision of the High Court on appeal under this section is final.