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New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Power of chief executive to make determinations

190: Parties' costs

You could also call this:

“The boss can decide who pays for the costs when people disagree about building rules.”

When you apply for a determination, you and the other parties involved have to pay for your own costs. This means each person or group pays for their own expenses related to the determination.

The chief executive can decide that you or another party must pay some or all of the other party’s costs. They might do this if they think you or the other party have caused unnecessary delays or extra costs without a good reason.

If the chief executive tells someone to pay for the other party’s costs, the person who is supposed to get the money can make this decision official. They do this by filing it at the District Court using a special form.

Once the decision is filed at the District Court, it becomes like a court order. This means the court can make sure the person pays the money, just like they would with other court decisions about money.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307388.

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“The boss can explain their decision better within 20 work days if it's needed and everyone agrees”

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“The big boss can put someone's name on a special list of people who can check and approve building plans if they ask nicely.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Power of chief executive to make determinations

190Parties' costs

  1. The parties in relation to an application for a determination bear their own costs.

  2. However, the chief executive may, by written direction to the applicant or another party, require that person to meet some or all of the other party's costs in respect of the determination or application if, in the chief executive's opinion, the party has contributed unreasonably to costs or delays.

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

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

Notes
  • Section 190(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).