The Law of Costs in New Zealand
The first specialist costs text in the market, The Law of Costs in New Zealand provides an in-depth and practical analysis of the operation of the costs’ regime.
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The discretionary nature of the costs jurisdiction can obscure the important legal principles that underlie its everyday operation.
The Law of Costs in New Zealand will assist lawyers and judges to reduce errors on costs matters, improve the quality of their arguments, and to promote agreement by reducing misconceived costs disputes that ought to be resolved without judicial intervention.
Using the civil costs regime established by the High Court Rules as a starting point, the book then goes on to examines costs in the appellate and inferior courts, criminal cases, and in arbitrations.
• Casey & Corry (editors) Annotated High Court Rules, 4th edition, 2018
• Williams & Kawharu (editors) Williams and Kawharu on Arbitration, 2nd edition, 2017
• Sim’s Court Practice (online resource)
Table of contents
1. Overview of the costs regime in New Zealand
a. The structure and theory of costs regimes
b. The philosophy and origins of the New Zealand costs regime
c. Scheme and core principles
2. Costs in ordinary cases
a. How to approach a costs claim
d. Appropriate daily recovery rates
e. Who can claim costs?
f. Against whom may costs be claimed?
g. When can costs be claimed?
3. Departure from ordinary scale costs
a. Increased costs
b. Indemnity costs
c. Refusal of, or reduction in, costs
d. Calderbank offers (offers made without prejudice except as to costs)
4. Costs in special cases
a. In cases involving trusts or estates
b. To provide prospective protection for plaintiffs in public interest cases
c. In cases involving liquidators
d. In cases involving mediations
e. On costs applications
f. In defamation cases
g. In tax cases
h. In cases involving the extinguishment of property rights
i. In New Zealand Bill of Rights Act cases
j. Where this mixed success between defendants
5. Costs practice, taxation, and other costs determinations
a. Costs practice
b. Disbursements that are generally claimable
c. Disbursements sometimes claimable
d. Disbursements generally not claimable
7. Security for costs and court fees
a. Security for costs at first instance
b. Security for costs on appeals
c. Court fees
8. Costs and appeals
a. Deferral of costs pending appeal
b. Putting costs at issues following a successful appeal
c. Appeals of costs judgments generally
d. Costs on appeals to the High Court
e. Costs on civil appeals to the Court of Appeal
f. Application for leave to appeal to the Supreme Court on questions of costs
g. Costs on appeals in the Supreme Court
9. Costs in inferior courts and tribunals
b. District Court
c. Family Court
d. Employment Court
e. Environment Court
f. Māori Land Court and Māori Appellate Court
g. Tribunals, commissions, authorities and other bodies
10. Costs in criminal cases
a. Scheme and structure
b. Costs in Criminal Cases Act: Costs of the prosecutor
c. Costs in Criminal Cases Act: Costs of a defendant
d. Costs in Criminal Cases Act: Appeals
e. Costs in Criminal Cases Act: Determining the amount of costs
f. Criminal Procedure Act: Procedural failures
g. Appeals against costs orders
h. Costs on successful costs applications
i. Court costs and offender levy
11. Costs in arbitrations and adjudications
a. Domestic arbitrations