Attorney-General v Taylor

[2019] NZCA 86

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA470/2015
 [2019] NZCA 86

BETWEEN	ATTORNEY-GENERAL Appellant
AND	ARTHUR WILLIAM TAYLOR First Respondent HINEMANU NGARONOA, SANDRA WILDE, KIRSTY OLIVIA FENSOM AND CLAIRE THRUPP Second to Fifth Respondents

Court:	Kós P, French and Miller JJ
Counsel:	G M Taylor for Appellant D A Ewen for First Respondent
Judgment: (On the papers)	3 April 2019 at 11.45 am

JUDGMENT OF THE COURT

The Crown must pay costs to Mr Taylor for a complex appeal on a band A basis with usual disbursements.

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REASONS OF THE COURT

(Given by Miller J)

1. Mr Taylor moves for costs following the judgment of the Supreme Court.[1]  The Supreme Court directed that any issue as to costs in this Court should be dealt with here.

   [1]Attorney-General v Taylor [2018] NZSC 104, [2019] 1 NZLR 213.

2. We had reasoned, contrary to the view later taken by the Supreme Court, that Mr Taylor lacked standing, but that was not the basis on which he was denied costs.  We were advised that he was legally aided.[2]

   [2]Attorney-General v Taylor [2017] NZCA 215, [2017] 3 NZLR 24 at [190].

3. Mr Ewen now advises that the application is made with the sanction of the Legal Services Commissioner under s 105(b) of the Legal Services Act 2011.  That being so, we accept that it is proper to award costs.

4. There is no dispute as to the appropriate band.  Accordingly, the Crown must pay Mr Taylor’s costs for a complex appeal on a band A basis with usual disbursements.

Solicitors:
Crown Law Office, Wellington for Appellant
Ord Legal, Wellington for First Respondent