The Upper Clutha Environmental Society has been ordered to pay $1500 in costs to Dennis and Olwyn Pezaro, following the couple's successful defence against the society's appeal against a Cardrona Valley building platform approved last year by the Queenstown Lakes District Council.
The Environment Court order was made by commissioners Marlene Oliver and Owen Borlase on September 13.
The award hinged solely on the society's decision to present evidence on alternative building platform sites and then withdraw it before the appeal commenced.
"We accept that a failure to succeed on appeal does not necessarily lead to an award of costs against an appellant. In this case, we accept that the appeal resulted in amendments to the proposal and a tightening of the conditions ... consistent with the public interest nature of the [appeal]. In those circumstances, we would not in our discretion have made any award of costs.
"However, we consider that the appellant conducted its case in such a way as to require the applicants to incur unnecessary expense in relation to alternative sites. In these circumstances, we consider an award of costs justifiable on that aspect," the commissioners said.
Society secretary Julian Haworth said yesterday the UCES had about $7000 in the bank and could pay the award without going into recess, despite raising those concerns with the court. He said he thought the commissioners had got it wrong but an appeal would be unlikely.
The society had learned a valuable lesson and would not withdraw evidence about alternative sites again.
The UCES only withdrew the evidence because it believed the court would not consider it and the applicants did not want to know about it.
"They have claimed costs anyway. We thought we were saving the court time and were being nice . . . As far as we were concerned our evidence was completely valid," Mr Haworth said.
The Pezaros claimed a total of $44,509, including $1209 in helicopter costs so Judge David Sheppard and the commissioners could visit the site. However, the commissioners noted the Pezaros' lawyer had said the couple would pay for it, so they did not take that matter any further.
The commissioners rejected an application by the Queenstown Lakes District Council for $28,230, comprising 50% of expert witnesses' costs, 50% of legal costs and all its disbursements.
The court granted the commissioners leave to decide costs because Judge David Sheppard has now retired.
