Attorney-General v Te Runanga O Ngati Awa CA222/04

[2005] NZCA 357

IN THE COURT OF APPEAL OF NEW ZEALAND

CA222/04

BETWEEN  THE ATTORNEY-GENERAL Appellant

ANDTE RUNANGA O NGATI AWA First Respondent

ANDTHE WHAKATANE DISTRICT COUNCIL

Second Respondent

Court:            Anderson  P, Chambers and Robertson JJ Counsel:     L M Hansen for Appellant

A H J Commons for First Respondent
A M B Green for Second Respondent

Judgment:      10 August 2005

JUDGMENT OF THE COURT

By consent, the appeal is allowed and:

A          The  costs  judgments  of  Goddard  J  dated  24  September  2004  and

11 October 2004 are set aside.

B          An order for costs on a 2B scale (plus disbursements) in the sum of

$23,952.50 is made in favour of the first respondent in respect of the hearing in the High Court.

C          No order for costs is made in respect of the appeal.

THE ATTORNEY-GENERAL V TE RUNANGA O NGATI AWA AND ANOR CA CA222/04 10 August 2005

REASONS

(Given by Robertson J)

[1]      No criticism of the judgment under appeal is to be inferred.  It is simply the case that, in the particular circumstances, it is appropriate to give effect to the way the parties have themselves resolved the issue.

Solicitors:

Crown Law Office, Wellington for Appellant

Martelli McKegg Wells & Cormack, Auckland for First Respondent

Brookfields, Auckland for Second Respondent