A group of 16 people who withdrew from the hearing of their objections to the renewal of two Dunedin private investigators' licences in September have been ordered to pay $500 each towards the men's costs.
The group objected to the renewal of the private investigators' licences of the company Mainland Information Consultants and its directors Peter Gibbons and Graeme Scott on the basis that the latter were not proper and fit persons to hold such licences.
But before the first objector, Bruce Van Essen, had finished giving his evidence at a hearing in the Dunedin District Court, he and the other objectors withdrew from the hearing, citing among other reasons that they no longer felt they could get a fair hearing.
The private investigators' licences were subsequently renewed and the decision on costs deferred at that time.
In his latest decision dated November 14, 2008, the Registrar of Private Investigators and Security Guards, Gary Harrison, ordered that because the objectors had withdrawn, they must pay $500 each, a total of $8000, about 40% of the licensees' total costs.
The licensees had claimed a little over $20,000, but Mr Harrison did not consider it an appropriate case for the award of full indemnity costs because he had been unable to assess the full merits of the objectors' cases.
Also, it could not have been intended to impose costs on every unsuccessful objector, when the legislation provided the public an annual right of objection, which also weakened the case for a generous award of costs, Mr Harrison said.
Mr Scott, who together with Mr Gibbons hired Auckland defence lawyer Steve Bonnar to represent them at a cost of $16,916, said they had mixed feelings about the registrar's decision.
"We're happy the registrar awarded costs, but obviously we are disappointed it's not the full cost because we believe the action they took against us was malicious and orchestrated."
Mr Van Essen said the objectors were still hoping to have the hearing reviewed.
