Who can be liable for costs?

• the main appellant
• a party appearing in support of or against an appeal
• an interested party who was not involved in the original application (eg, for a resource consent, or for a plan change) but who joins the appeal once it has been lodged
• the respondent
• the applicant.

Individuals in groups are not necessarily exempt from having to pay costs. It is valid for a group to enter an appeal if they are a submitter or have an interest greater than the public generally. But the case still needs to raise significant issues relevant to the appeal and be presented in a professional manner.

The Environment Court may make an order for costs if it considers one party has been unfairly burdened. Generally, it will not consider the party’s ability to pay costs, even if this is raised as an argument against imposing costs.

Costs are generally not awarded against public bodies (central or local government). However, there are exceptions where the public body has failed to perform its duties properly or has acted unreasonably. Examples include where a council has acted inappropriately by refusing to hear submitters, has tried to impose unjustified burdens on landowners, has not sought adequate advice, or has not taken sufficient care in preparing its case.