The purpose of awarding costs is to compensate a party for costs incurred, where it is just (fair) to do so. Appeal hearings can be expensive for everyone involved.
Costs are not intended to penalise an unsuccessful party or to discourage people from participating in appeals. The Environment Court will only award costs if it considers this justified in the circumstances of the case.
The court can order an applicant to pay a council’s costs for its involvement in assisting the court in a direct referral. This includes the costs of preparing a council planning report and appearing at the court hearing. When the court is using its discretion to award costs in direct referral cases, there is also a presumption that the applicant will be ordered to pay Crown costs, and expenses the court incurs.
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What is the purpose of costs?
February 2021
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