Privacy Act claim relating to army records – plaintiff successful but represented self – award of costs to cover out of pocket expenses only.
One-day hearing of claim of sexual harassment under the Human Rights Act – costs awarded to plaintiff who obtained declaration but no damages. Undefended sexual harassment claim – hearing proceeded as a formal proof, lasting less than a day. Plaintiff abandoned claim on eve of substantive hearing – defendant’s preparation complete – actual costs of $6,682.50 had been incurred (excluding costs on the costs argument) – Tribunal awarded reasonable contribution of $4,400 uplifted by $1,000 to reflect last minute abandonment of claim, plus a further $1,000 in respect of the argument on costs (which included issues relating to the particular position of the Director of Human Rights Proceedings). Two-day hearing – alleged age discrimination - costs awarded on reasonable contribution basis. Privacy Act case – access to records, but requests predated the Act – plaintiff warned before hearing that no basis for claim - four-day hearing – actual costs incurred by defendant exceeded $25,000, including costs of expert evidence that was required. Unsuccessful Privacy Act Principle 11 case - two-day hearing Costs award affirmed on appeal to High Court: Winter v Jans (Hamilton High Court, CIV 2003-419-854, 6 April 2004 per Paterson J) Privacy Act access to information case – files lost by defendant before hearing – for that and other reasons relating to the way the litigation had been conducted by the defendant the Tribunal directed defendant to pay all of the plaintiff’s actual and reasonable expenses amounting to about $1,800 (although note award not specifically quantified). Costs awarded by the Human Rights Review Tribunal under Human Rights Act 1993, Privacy Act 1993 and Privacy Act 2020 and Health and Disability Commissioner Act 1994 Decision
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