16 Power to award costs

(1)

Subject to subsection (2), the Authority may, in any proceedings, order any party to pay to any other party such costs and expenses (including expenses of witnesses) as are reasonable, and may apportion any such costs between the parties in such manner as it thinks fit.

(2)

No award of costs shall be made under subsection (1) against the complainant unless,—

(a)

in the opinion of the Authority, the complaint is frivolous or vexatious or one that ought not to have been made; or

(b)

the Authority considers it proper to do so by reason of the failure of the complainant to prosecute any proceedings related to the complaint at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding related to the complaint.

(3)

Where, through failure to prosecute any proceeding at the time fixed for its hearing or to give adequate notice of the abandonment of any proceeding, the Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sums for costs as it considers reasonable.

(4)

Without limiting subsections (1) to (3), where the Authority finds a complaint against a broadcaster to be justified, in whole or in part, the Authority may order the broadcaster to pay to the Crown by way of costs, within 1 month after the date on which notice in writing of the decision is given to the broadcaster under section 13(2), such sum not exceeding $5,000, as the Authority thinks fit.

Compare: 1976 No 132 s 67C; 1982 No 6 s 9

Section 16(2): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 16(4): added, on 1 July 1996, by section 8 of the Broadcasting Amendment Act 1996 (1996 No 53).