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Resource Management Act 1991

Act not to be used to oppose trade competitors

308H: Costs orders if declaration made

You could also call this:

“If someone breaks the rules, they might have to pay for the costs of the court and other people involved.”

If the Environment Court makes a declaration under section 308G, there are some rules about who has to pay for the costs and expenses of the court case.

The court will order the person who broke the rules to pay money to the other people involved in the case. This money is to cover the costs and expenses they had because of the rule-breaking. The court will add up all these costs and expenses, including what it cost to have witnesses come to court. If the rule-breaker has already paid some money for this in earlier court cases about the same thing, that amount will be taken off.

The rule-breaker will also have to pay money to the Crown (which means the government) to cover the court’s costs and expenses. Again, if they’ve already paid some money for this before, that amount will be taken off.

The court can decide not to make these orders, but only if there’s a really good reason not to. If that happens, the court can make a different kind of order about costs under section 285(1) or (3).

If the court makes a declaration against someone (let’s call them person C), it will also order that another person (person A) is not allowed to pay back person C for the costs and expenses, either directly or indirectly.

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

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308G: Declaration that Part contravened, or

“The court can say someone broke the rules about unfairly stopping other businesses.”

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Part 11A Act not to be used to oppose trade competitors

308HCosts orders if declaration made

  1. This section applies if the Environment Court makes a declaration under section 308G.

  2. 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—

  3. 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
    1. 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.

      1. 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—

      2. 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
        1. 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.

          1. 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).

          2. 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 , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).