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Home / Hawkes Bay Today

Frivolous' appeal costs vex council

By Corey Charlton
Hawkes Bay Today·
9 Feb, 2012 08:23 PM2 mins to read

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The Hawke's Bay Regional Council spent $147,510 dealing with four different Environment Court appeals in the 2010/2011 financial year, prompting debate on how best to begin recovering future costs.

The full costs are usually borne by the council, but it is now considering ways in which they can be recovered.

The Environmental Management Committee yesterday recommended the council provide a budget for future appeal costs, to lobby central government for reform in the Environment Court process, and for staff to provide further information and guidance.

Court ordered cost recovery was an option, but this would only recover between a third and a half of the total spent, and may not provide any cover at all if settled at the mediation stage.

Budgeting for appeal costs was another option, and expected to require between $80,000 and $160,000 per year.

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The council would also encourage central government change in the process, with one suggestion being an independent commissioner appointed to review appeals before the court process.

Regional council consents officer Charlotte Drury said appeal costs were something that had cost the council "substantial amounts of money" in recent years.

As an example, the 2010/2011 financial year costs of an appeal still under way were $81,321. If it progressed to a hearing involving legal and technical experts, it could cost the regional Council up to $100,000 in the 2011/2012 financial year.

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Ms Drury said the costs stemmed from many appeals the council dealt with that were "frivolous and vexatious" - two specific terms of guidance in the Resource Management Act.

"This particular council, we just really seem to be dealing with appeals that the merits of them are so difficult to see ... We need to clear them out," Ms Drury said.

"In my experience frivolous and vexatious appeals are still coming through."

Not all of the committee were in support of the recommendation, with Cr Neil Kirton arguing more time was needed to get a history of previous costs.

Cr Christine Scott supported the proposal, saying action was needed sooner, rather than later.

"This paper is about giving staff direction," she said. "Should this be a budgeted item? I believe that is the direction we should be giving them."

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