Palmer v Waimakariri District Council

[2007] NZCA 108

IN THE COURT OF APPEAL OF NEW ZEALAND

CA176/06
[2007] NZCA 108

BETWEENROGER GORDON PALMER

Applicant

ANDWAIMAKARIRI DISTRICT COUNCIL

Respondent

Court:Robertson, Arnold and Ellen France JJ

Counsel:Applicant in Person

R M Wolt for Respondent

Judgment:30 March 2007 at 11 am

JUDGMENT OF THE COURT

THE APPLICATION FOR COSTS IS DECLINED.

REASONS OF THE COURT

(Given by Ellen France J)

[1]       In a decision delivered on 3 November 2006, this Court granted an application by Mr Palmer for an extension of time for filing an application for special leave to appeal but dismissed the application for special leave to appeal.  Mr Palmer’s application for special leave to appeal related to his conviction for using land as a landfill without a resource consent in contravention of the relevant District Plan.

[2] No order for costs was made and the Waimakariri District Council now makes an application for costs under s 8 of the Costs in Criminal Cases Act 1967.

[3]       The costs application is made on the basis an award of costs is appropriate given that Mr Palmer’s application was unsuccessful and the Council incurred substantial costs in relation to it.

[4] Mr Palmer disputes the applicability of s 8 of the Costs in Criminal Cases Act and says in any event that a costs award is not appropriate.

[5]       In all the circumstances we decline to make any award of costs.  While Mr Palmer did not obtain special leave, the Court did grant his application for leave to appeal out of time. Mr Palmer’s application was not completely without merit and one of the points on which he sought leave did give rise to a point of law although not one of more general or other importance.

[6]       There will be no order for costs.

Solicitors:

Goodman Steven Tarendale & Reid, Christchurch for Respondent