Awatere-Huata ordered to pay costs

Donna Awatere-Huata

Former ACT MP Donna Awatere-Huata has been ordered to pay $17,000 in costs following a court decision allowing the party to expel her.

In a written decision released today, the Supreme Court ordered Mrs Awatere-Huata pay $15,000 to her former ACT colleagues Richard Prebble, Ken Shirley, Rodney Hide and Muriel Newman, plus $2000 to cover court fees and photocopying costs.

The costs were in relation to the Supreme Court's ruling in November that ACT could invoke party-hopping legislation to have her removed from Parliament, overturning a Court of Appeal decision.

The Supreme Court ruled in its November decision that the appellants were entitled to costs, and had asked the parties for submissions.

Counsel for the ACT MPs argued the court should depart from the common practice in the High Court and Court of Appeal of awarding a "reasonable contribution" rather than full costs.

Given the importance of the Supreme Court and the "real world financial burden" placed on the ACT MPs by having to appeal the Court of Appeal decision, an award of $47,000 would be appropriate, counsel said.

If a "reasonable proportion" basis was used, which the ACT MPs argued was inferior, costs should be about $22,000, they said.

However, the judgment said a reasonable contribution to costs is just in most cases and it would not be appropriate for the Supreme Court to depart from the long-established practice in the High Court and Court of Appeal.

Mr Shirley said the money wouldn't cover the costs but it was a pleasing decision.

"We're very pleased with that outcome. We were confident we would eventually get costs. It obviously cost ACT members a substantial amount of money and we were obliged to take that right through to the Supreme Court," he said.

Mr Shirley declined to say what the action had cost ACT.

However, Mr Prebble said after the Supreme Court decision in November that the case had cost the party about $90,000, none of which had been taxpayer money.

Mrs Awatere-Huata had been an independent MP after being kicked out of ACT's caucus in 2003, when she was charged with fraud and perverting the course of justice.

The charges relate to her taxpayer-funded Pipi Foundation, which runs remedial reading courses.

She and her husband, Wi Huata, face 19 charges of misusing $95,000 of cheques from the foundation.

The couple is expected to face trial in Auckland later this year.- NZPA