NEW ZEALAND Law and Practice Contributed by: Shane Campbell and Thomas Westaway, Campbell Westaway
5.6 Assessment of Costs When awarding costs in High Court civil proceedings, the principal factors taken into account are: outcome of the proceeding; the applicable scale costs meth- odology and complexity band; the conduct of the parties; whether a Calderbank offer was made and unreasonably refused; and whether the proceeding was brought or defended in the public interest. The Court retains a broad discretion. Costs may be increased, up to and including indemnity costs, where a party conducted the litigation unreasonably or where the complexity of the matter substantially exceeded what the scale contemplates. Costs may be reduced or declined altogether where the successful party con- tributed unnecessarily to the time and cost of the pro- ceeding, or where only partial success was achieved. Courts have broad jurisdiction to grant interim relief at any stage of civil proceedings. The sections that follow address the principal forms: interim injunctions, freezing orders, search orders, preservation orders, and security for costs. 6.2 Interim Relief to Support Arbitration and ADR Courts may grant interim relief in support of arbitral proceedings under Article 9 of the Model Law, as incorporated in Schedule 1 to the Act. That jurisdiction is available before or during arbitral proceedings and applies regardless of whether the seat of arbitration is in New Zealand. A party may accordingly apply to the High Court for urgent interim relief before a tribunal has been constituted. The Court confirmed in Pindur v Koffeman [2025] NZHC 3458 that where proceedings are stayed pend- ing arbitration, a party retains the right to apply for interim relief from the court, with the test being that applicable to interim injunctions generally. Articles 9 and 17 of Schedule 1 expressly confirm that court- granted interim measures are not incompatible with an arbitration agreement. 6. Interim Remedies 6.1 Availability of Interim Relief
The Court’s jurisdiction to grant interim relief is unaf- fected by a party’s participation in mediation or other ADR. Interim orders already in place continue to apply during ADR processes unless the court orders other- wise. 6.3 Timing of Applications for Interim Relief Applications for interim relief may be made at any stage of civil proceedings, including before com- mencement where there is an immediate need to protect assets or preserve rights. Under the New Rules, non-dispositive interlocutory applications are generally deferred until after the Judicial Issues Conference. Genuine urgent applica- tions may be brought at any time; where urgency is demonstrated, the court may list an application within 24 hours of filing and, in exceptional circumstances, deliver judgment on the same day. 6.4 Security for Costs A defendant may apply for an order requiring a plain- tiff to provide security for costs. Such an order may be made where the plaintiff is resident or incorpo- rated outside New Zealand, or where there is reason to believe the plaintiff will be unable to meet a costs award if unsuccessful, and it is just in all the circum- stances to do so. In exercising its discretion, a court will consider the merits of the claim, whether an order would stifle a legitimate claim, the extent to which any impecunios- ity was caused by the defendant’s alleged wrongdo- ing, and the availability of third-party funding or other resources. Security is typically paid into and held by the court. Under the New Rules, applications for security for costs are classified as dispositive applications and may be brought at an early stage of proceedings with-
out requiring special leave. 6.5 Interim Injunctions
Interim injunctions, both prohibitory and mandatory, are available in civil proceedings. The test is wheth- er there is a serious question to be tried in the sub- stantive claim and the balance of convenience and overall justice favours the grant of relief. In assessing
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