Resource Management Act 1991

Act not to be used to oppose trade competitors

308H: Costs orders if declaration made

You could also call this:

"When the court makes a special decision, it can order someone to pay costs to others for not following the rules."

If the Environment Court makes a declaration under section 308G, you need to know what happens next. The court will make an order that the party against whom it makes the declaration must pay costs and expenses to another party. The court calculates this amount by adding up all the costs and expenses the other party had because the first party did not follow the rules, and then subtracting any amount already paid.

The court also makes an order that the party against whom it makes the declaration must pay costs and expenses to the Crown. The court calculates this amount in a similar way, by adding up all the costs and expenses the court had because the party did not follow the rules, and then subtracting any amount already paid. The court can decide not to make this order if it thinks the circumstances are exceptional, and instead make a different order under section 285(1) or (3).

If the court makes a declaration against someone, it must also make an order that another person cannot pay back the costs and expenses that the first person has to pay.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421555.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planning

308G: Declaration that Part contravened, or

"Taking someone to court for breaking environment rules on purpose"

308I: Proceedings for damages in High Court, or

"Taking someone to the High Court to get money for losses they caused you"

Part 11AAct not to be used to oppose trade competitors

308HCosts orders if declaration made

This section applies if the Environment Court makes a declaration under section 308G.
The Environment Court must make an order that the party against whom it makes the declaration pay to any other party an amount for costs and expenses that the court must calculate by—
totalling all the costs and expenses (including witness expenses) that the other party incurred because the party against whom the declaration is made contravened the provision in this Part; and
deducting from the total any amount for costs and expenses (including witness expenses) that the party against whom the declaration is made has paid to the other party in previous proceedings on the same matter.

The Environment Court must make an order that the party against whom it makes the declaration pay to the Crown an amount for costs and expenses that the court must calculate by—
totalling all the costs and expenses incurred by the court because the party against whom the declaration is made contravened the provision in this Part; and
deducting from the total any amount for costs and expenses that the party against whom the declaration is made has paid to the Crown in previous proceedings on the same matter.

The court may decline to make an order under subsection (2) or (3) only if the court considers that the order should not be made because the circumstances are exceptional. If the court declines to make an order under subsection (2) or (3), it may make an order under section 285(1) or (3).
If the court makes a declaration against person C, it must also make an order that person A not directly or indirectly reimburse person C for the costs and expenses that the court has ordered person C to pay.

Notes

Section 308H: inserted, on 1 October 2009, by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).