Application for costs — bringing and continuing prosecution — duty to ensure health and safety of others — scope of duty — public interest — Health and Safety at Work Act 2015, s 36(2) — Criminal Procedure Act 2011, s 147 — WorkSafe New Zealand v Inflite Charters Ltd [2022] NZDC 5627. The defendant applied for costs above scale after a charge it faced was dismissed by the Court. The prosecutor had charged the defendant with failing to ensure the health and safety of others after the Whakaari eruption in 2019. In considering the application for increased costs, the Court noted that an application contemplating a wider scope to these duties had not been heard before in New Zealand. The Court recognised the breadth of the defendant's case and the costs it incurred in defending the charge. However, the defendant did not satisfy the Court that an award greater than $40,000 was fair and reasonable. The application was successful and the defendant was awarded costs of $40,000. Judgment Date: 29 March 2023.