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Food Act 2014

Miscellaneous provisions - Immunity, delegation, and review provisions - Review of decisions

360: Reviewer may require payment of costs in review of decision by relevant territorial authority

You could also call this:

"Reviewer can make you pay costs if you waste the other party's time or money."

If you are reviewing a decision made by a territorial authority, the reviewer can ask you to pay the other party's costs. This can happen if the decision is against you and the reviewer thinks the other party had to spend money unnecessarily. The reviewer might think this if you acted in bad faith or made allegations that were not substantial. You can be asked to pay costs if you are the applicant or the territorial authority. The reviewer's decision about costs can be enforced in the District Court if the other party files it.

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Part 5Miscellaneous provisions
Immunity, delegation, and review provisions: Review of decisions

360Reviewer may require payment of costs in review of decision by relevant territorial authority

  1. The reviewer of a decision described in section 354(4) may, by written direction to the applicant or the relevant territorial authority, require that party to meet all or any of the other party's reasonable costs and expenses in the review of the decision if—

  2. the decision on the review is fully or partly against that party; and
    1. the reviewer considers that those costs and expenses have been incurred unnecessarily by—
      1. bad faith on the part of that party; or
        1. allegations or objections by that party that are without substantial merit.

        2. A party in whose favour a direction under subsection (1) is given may enforce that direction by filing it in the prescribed form (if any) in the District Court.

        3. A direction that is filed under subsection (2) is enforceable in the same manner as a final judgment of the District Court in its civil jurisdiction.

        4. If the reviewer does not give a direction under subsection (1), the parties to the review must bear their own costs and expenses.

        Notes
        • Section 360(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).