No costs awarded in abandoned Kaiwera wind farm appeal

Trustpower has failed in its bid to have more than $30,000 in costs awarded against a group that dropped an appeal against the company's plans for a big wind farm near Gore at the last minute.

An Environment Court ruling, released yesterday, ruled no costs should be awarded against the Upland Landscape Protection Society which had lodged an appeal against TrustPower's planned $400 million wind farm at Kaiwera Downs, near Gore.

The power company had been seeking $31,500, which it estimated was about one-third of its actual expert and legal costs tied up in dealing with the appeal that was later dropped just before a formal court hearing.

The application for costs was made alongside the Gore District Council and Southland District Council which were involved in issuing resource consent for the project earlier this year.

The decision said TrustPower was seeking costs because of the extra expenses it incurred getting the extra information requested by the society, which, in its reply, said it needed the details because TrustPower had not given enough details so it could assess the project.

In his ruling, Judge J. E. Borthwick said it was in no position to make a ruling either way because the appeal was never heard.

"The fact of the [appeal] withdrawal meant that TrustPower got its preferred result without needing to go to a full hearing, thereby saving further costs," he said.

Judge Borthwick said it was not a suitable case for an award of costs.

"Costs will lie where they fall. The matter is now at an end and the court's file will be closed."

No-one from the society could be reached for comment but TrustPower community relations manager Graeme Purches said said it was always unlikely costs would have been awarded.

"We are disappointed but it was never going to be easy."

He hoped the decision would show other like-minded groups that the best way to try to settle differences was to engage in conversation early, instead of "barging on regardless".

"I think it [the ruling] shows the difficulty organisations face if they are not prepared to sit down and talk," Mr Purches said.

TrustPower is yet to commit to a construction timeframe for the Kaiwera Downs project, claiming the rising prices of turbines and other economic factors will delay a start until those conditions improve.