Federated Farmers of New Zealand Incorporated v Northland Regional Council

[2016] NZHC 2776

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV 2015-488-0064 [2016] NZHC 2776

UNDER	the Resource Management Act 1991
IN THE MATTER	of an appeal from a decision of the Environment Court under s 299 of the Act
BETWEEN	FEDERATED FARMERS OF NEW ZEALAND INCORPORATED Appellant
AND	NORTHLAND REGIONAL COUNCIL Respondent

Hearing:	On the papers
Counsel:	P R Gardner for Appellant G J Mathias for Whangarei District Council R J Somerville QC and R A Makgill for Soil & Health Association of NZ Inc
Judgment:	18 November 2016

COSTS JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 18 November 2016 at 4.30 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:           Lewis’ Law, Cambridge

Thompson Wilson, Whangarei

Counsel:            R J Somerville QC, Dunedin

R A Makgill, Auckland

Copy for:           Federated Farmers of New Zealand, Auckland

FEDERATED FARMERS OF NEW ZEALAND INCORPORATED v NORTHLAND REGIONAL COUNCIL [2016] NZHC 2776 [18 November 2016]

[1]      On 31 August 2016, I issued judgment dismissing an appeal by Federated Farmers of New Zealand Incorporated (“Federated Farmers”) against a decision of the  Environment  Court  concerning  provisions  of  a  regional  policy  statement proposed by the Northland Regional Council.1

[2]      Three parties opposed the appeal: Northland Regional Council, Whangarei District  Council  and  Soil  &  Health  Association  of  New Zealand  Incorporated (“Soil & Health”).

[3]      Although  Northland  Regional  Council  does  not  seek  costs,  Whangarei District Council and Soil & Health each seek costs on a 2B basis.2    Soil & Health also seeks an allowance for the costs of second counsel and disbursements.

[4]      Federated Farmers submits that I should refuse costs altogether, or award a reduced sum, on the ground that it brought its appeal in the public interest.3     If, contrary to that submission, costs are awarded, then Federated Farmers submits that it should not have to pay a sum greater than  that due had there been  a single respondent.

[5]      I do not accept Federated Farmers’ submission as to the motivation for its appeal. As Kós J said in Horticulture New Zealand v Manawatu-Wanganui Regional Council,  Federated  Farmers  represents  a  substantial  primary  sector  group.4      It brought these proceedings because it was in its members’ interest to do so.  For that reason I do not propose to decline or reduce costs.

[6]      That said, I am not persuaded to award more than one set of costs, as the submissions advanced in opposition to the appeal might well have been made by one party.

[7]      Having considered the parties’ memoranda, I award one set of costs on a 2B

basis,  totalling  $10,348.00.     I  record  that  there  was  some  quibbling  in  the

1      Federated Farmers of New Zealand Inc v Northland Regional Council [2016] NZHC 2036.

2      The Northland Regional Council does not seek costs.

3      High Court Rules, r 14.7(e).

4      Horticulture New Zealand v Manawatu-Wanganui Regional Council [2013] NZHC 2853.

submissions as to whether Federated Farmers should be required to pay costs in respect  of  a  case  management  conference  which  the  parties  prepared  for  and expected but which in fact was not held.  The total amount claimed for this item is

0.3 of a day and it is trivial.  Costs are considered in the round and I do not propose to make a reduction for such a sum.

[8]      Two-thirds of the costs are to be paid to Soil & Health as its submissions were the most comprehensive and one-third is to be paid to Whangarei District Council.

[9]      I do not certify for Soil & Health’s second counsel but Federated Farmers is to pay Soil & Health the expenses or disbursements claimed in items 2, 3 and 4 of Annexure A to Soil & Health’s submissions dated 18 October 2016.

..................................................................

Peters J