Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel

[2023] NZCA 191

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA82/2023
 [2023] NZCA 191

BETWEEN	FRANCO BELGIORNO-NETTIS Applicant
AND	AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL First Respondent
AND	AUCKLAND COUNCIL Second Respondent

Counsel:	Applicant in person N Copeland and F McKechnie for First Respondent M Allan for Second Respondent
Judgment: (On the papers)	25 May 2023 at 11.00 am

JUDGMENT OF MILLER J
(Review of Registrar’s Decision)

The application for review is declined.

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REASONS

1. The Registrar reduced, but did not dispense with, security for costs in this costs appeal.  Security was reduced because the appeal was to be decided on the papers.

2. Mr Belgiorno-Nettis has sought a review.

3. I have reviewed the Registrar’s reasons and adopt them.  The application for review has no merit.  Notably, ability to pay is not in question.  I do not accept that waiver is justified on public interest grounds.  The appeal is about costs.  It will turn principally on circumstances surrounding late disclosure of deliberative material in this case.

4. The application for review is declined.  Because this Court has now decided that the appeal is to receive an oral hearing, I direct that the Registrar is to revisit her decision to discount security.  She should fix it on the assumption that the Court will limit the time for oral argument to not more (and possibly less, depending on the view taken by the presiding Judge) than half a day.

Solicitors:
Brookfields Lawyers, Auckland for First Respondent
Crown Law Office, Wellington for Second Respondent