Maungatautari 4G Section IV Landowners Trust v Waipa District Council

[2024] NZHC 1845

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV 2021-419-86

[2024] NZHC 1845

UNDER

Part 30.3 of the High Court Rules

IN THE MATTER OF

An application pursuant to section 8 of the Judicial Review Procedure Act 2016 for a Judicial Review of an action by the Respondent under the Local Government Act 1974

BETWEEN

MAUNGATAUTARI 4G SECTION IV LANDOWNERS TRUST

Applicant

AND

WAIPA DISTRICT COUNCIL

Respondent

On the papers

Counsel:

J Muru and N Muru (two trustees of the applicant) in person, with G E Cullen as McKenzie Friend

P Lang for the respondent

Judgment:

8 July 2024

COSTS JUDGMENT OF CAMPBELL J

This judgment was delivered by me on 8 July 2024 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

MAUNGATAUTARI 4G SECTION IV v WAIPA DISTRICT COUNCIL [2024] NZHC 1845 [8 July 2024]

[1]        In my judgement dated 26 April 2024 I held that the respondent Council, as the successful party, was entitled to costs from the applicant Trust.

[2]        The parties have not been able to agree costs. The Council filed a memorandum dated 12 June 2024 seeking costs on a 2B basis, totalling $23,900. The Trust has not filed any memorandum in response.

[3]        The Council is entitled to costs for all of the items in the appendix to its memorandum, except for the item “Preparation of written submissions”. Under sch 3 to the High Court Rules 2016, there is no item specifically for the preparation of written submissions in relation to an affidavit hearing. Item 32 is for “Preparation for hearing” and allows two days. This covers the preparation of written submissions, so the Council is not entitled to a separate allowance for that.

[4]        Accordingly, the Council is entitled to 8.5 days at $2,390 per day. This comes to $20,315.

[5]I order that the Trust pay costs of $20,315 to the Council.

Campbell J