Reay v Minister of Conservation

[2014] NZHC 2744

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CIV-2013-425-000259 [2014] NZHC 2744

BETWEEN

BRUCE REAY

Plaintiff

AND

THE MINISTER OF CONSERVATION Defendant

Hearing:	(On the papers)
Appearances:	C S Withnall QC for Plaintiff A Boadita-Cormican and S J Ritchie for Defendant
Judgment:	5 November 2014

COSTS JUDGMENT OF PANCKHURST J

[1]      The plaintiff seeks costs of $34,559.78 on the footing that his “degree of success ... is sufficient to entitle him to costs in the ordinary way”.  The Department of Conservation (DOC), however, considers that Mr Reay’s degree of success was “relatively limited” and that the appropriate order is that costs should lie where they fall.  Alternatively, counsel contends that if an award is to be made DOC should be the recipient as it was successful in relation to over two thirds of the issues.

[2]      I am in no doubt that DOC was the more successful party.  The terms of the judgment illustrate the basis for this conclusion.

[3]      That said, I am not disposed to differ from DOC’s primary submission that costs should lie where they fall.   If anything this is favourable to the plaintiff. However, Mr Reay enjoyed success in relation to some issues, including a finding that his concession application was not determined within a reasonable timeframe.  I sense that DOC’s primary submission was prompted by a concern that its actions in

relation to Mr Reay’s concession application were deficient to some degree.

REAY v THE MINISTER OF CONSERVATION [2014] NZHC 2744 [5 November 2014]

[4]      For these reasons, I make no award of costs.

Solicitors:

Susan Grey, Nelson

Crown Law, Wellington