If I lose a court case, do I have to pay the other side's costs?
Common question · Civil Litigation · New Zealand · 23 October 2026
General information from Lawmateanz
In New Zealand's civil courts, the general rule is that the losing party pays a contribution toward the winning party's legal costs. This is usually set by a scale in the court rules, not the full amount actually spent.
The court can increase or reduce costs, for example if a party behaved unreasonably or rejected a reasonable settlement offer.
Costs work differently in some places. In the Disputes Tribunal and Tenancy Tribunal, costs awards are limited, and in the Family Court costs are often left to lie where they fall.
The risk of paying costs is a major factor in whether to sue or settle, so ask your lawyer for an estimate before starting.
Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.
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