Society likely to fight ruling

A public interest group, facing nearly $50,000 in court costs from its opposition to the Mahinerangi wind farm, is likely to challenge that ruling and appeal the High Court's decision to impose the bill on its members.

The Upland Landscape Protection Society received unwelcome news this Christmas when it was ordered by the High Court to pay $49,788.13 to five parties after a failed appeal against the TrustPower development near the Clutha-Dune-din boundary.

Spokesman Ewen Carr yesterday said the society hoped to receive some legal advice this week and call a meeting of members to make a decision, but he hinted an appeal was almost certain.

"We have yet to make that decision, but I would think there is a pretty significant chance we will appeal," he said.

The society's financial records show it is strapped for cash, but Mr Carr said an appeal was more about highlighting the extent to which groups like the society were disadvantaged when it came to taking on the rich and well-resourced power companies and others involved in resource consent hearings.

"I think the decision on costs [against the society] acts as a huge deterrent to other small action groups like ourselves, especially those who have strong arguments for their stand and yet come up against companies who can throw lots of money at their cause," Mr Carr said.

The entire process of the Resource Management Act was "grossly unfair" in this respect and placed even further negative pressure on groups like the society, which were severely disadvantaged, financially, from the very start of what was a very disjointed process, Mr Carr said.

The High Court ruled on December 23 the society must pay the money to five parties - $14,473 to the Central Otago District Council, $11,340.73 to TrustPower, $10,160 to the Otago Regional Council, $7954.58 to the Clutha District Council and $5859.82 to Meridian Energy.

The society's 2007-08 financial report filed to the national Incorporated Societies office shows it had a deficit of $40,718 on July 12 last year.

TrustPower, the Clutha council and Otago Regional Council have also filed applications for costs of $33,000 against the society relating to its unsuccessful Environment Court appeal.

 

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