WATER ACT 2000 - SECT 882
Powers of court on appeal
WATER ACT 2000 - SECT 882
Powers of court on appeal
882 Powers of court on appeal
(1) In deciding an appeal, the court may—
(a) confirm the review decision;
or
(b) set aside the review decision; or
(c) amend the review decision in
the way the court considers appropriate; or
(d) send the matter back to the
reviewer and give the directions the court considers appropriate; or
(e) set
aside the review decision and substitute it with a decision the court
considers appropriate.
(2) If the court amends the review decision or
substitutes another decision for the review decision, the amended or
substituted decision is, for this Act (other than this part) taken to be the
reviewer’s decision.
(3) Each party to the appeal must bear the party’s
own costs for the appeal.
(4) However, the court may order costs for the
appeal, including allowances to witnesses attending for giving evidence at the
appeal, as it considers appropriate in the following circumstances—
(a) the
court considers the appeal was started merely to delay or obstruct;
(b) the
court considers the appeal, or part of the appeal, to have been frivolous or
vexatious;
(c) a party has not been given reasonable notice of intention to
apply for an adjournment of the appeal;
(d) a party has incurred costs
because the party is required to apply for an adjournment because of the
conduct of another party;
(e) a party has incurred costs because another
party has defaulted in the court’s procedural requirements;
(f) without
limiting paragraph (d) , a party has incurred costs because another party has
introduced, or sought to introduce, new material;
(g) a party to the appeal
does not properly discharge its responsibilities in the appeal.
(5) If the
court makes an order under subsection (4) , the court may also order the party
ordered to pay costs under subsection (4) to pay to the other party an amount
as compensation for loss or damage suffered by the other party because of the
appeal if the court considers—
(a) the appeal was started merely to delay or
obstruct; or
(b) the appeal, or part of the appeal, to have been frivolous or
vexatious.
