All parties to bear own costs: court

All the parties involved in an Environment Court appeal over the building of a pole house on flood-prone land at Karitane should have to bear their own costs, the court has decided.

The Otago Regional Council appealed a decision by the Dunedin City Council to grant a consent to Rowen and Brendan Holt to build a pole house 3.7m above sea level in Stornoway St, Karitane.

Earlier this year, the Environment Court refused the regional council's appeal and confirmed the city council's decision with conditions.

The city council and the Holts recently applied for costs to be awarded against the regional council.

The Holts requested an award of $18,566, two-thirds of their legal and specialist witness costs, on the grounds the appeal was misconceived and the hearing was unnecessary.

The city council sought $12,850, one-third of its costs, on the grounds its decision was upheld on appeal.

In its reply to the application, the regional council said consent was required as it was a non-complying activity and it was appropriate to have the court determine the issues.

As a result of the hearing, the conditions imposed by the city council had been amended to provide for design standards for the building platform and driveway and the addition of a condition a boat be on site for evacuation in event of floods.

Judge Jon Jackson said, in a decision released last week, his initial view - that the regional council was responsible in bringing the appeal because some matters settled by the decision, such as the question of moral hazard, were not raised in the city council's decision - remained unchanged.

As the regional council had a duty to control the use of land under the Resource Management Act, to avoid or mitigate natural hazards, it had legitimate reasons for appealing, he said.

As a result of the hearing, conditions were able to be refined and the question of moral hazard satisfactorily resolved.

- rebecca.fox@odt.co.nz