South Wairarapa ratepayers are off the hook for a $320,700 bill after the Environment Court ordered a Greytown solar farm developer to foot the costs incurred in the consenting process.
By Emily Ireland of Local Democracy Reporting
South Wairarapa District Council had sought costs against Far North Solar Farm for expenses it incurred in a lengthy Environment Court process.
The electricity generation company requested the Environment Court, rather than the council, deal with a consent application directly in 2023.
The court accepted the company's application – granting consents to establish and operate a 235-hectare solar farm, comprising 39 inverters and some 321,160 solar panels on a rural site in Greytown, at the end of May this year.
In June, the council filed its application for costs arising from the court process.
The council said it incurred significant costs in carrying out its statutory role under the Resource Management Act including by attending the direct referral hearing, providing expert evidence and legal submissions at that hearing and engaging directly with the parties in relation to the drafting of proposed consent conditions as a result of the court’s interim decision.
The council said all of its costs had been reasonably incurred in properly fulfilling its statutory role and it was appropriate that Far North Solar Farm reimbursed the full extent of those costs.
Far North Solar Farm provided no response to the council’s application for costs.
Environment Court judge Lauren Semple said the sum of $320,700 included $172,000 for the provision of expert evidence. The balance related to work undertaken by legal counsel in preparing the case for hearing, attending the hearing, and preparing legal submissions to assist the court.
"Although the total is significant, I have no evidence before me to suggest the total is unreasonable," Semple said.
"I am satisfied that the council has discharged its legal obligations in accordance with the Act and, in doing so, has incurred reasonable costs which should be paid by the applicant in this direct referral proceeding."
In a separate ruling, Far North Solar Farm was ordered to pay $170,300 (excluding GST) to the Crown for the costs incurred in the court process.
– LDR is local body journalism co-funded by RNZ and NZ On Air
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