IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE	
CIV-2022-404-1871
[2023] NZHC 796	

BETWEEN	TANYA FELICITY DUNSTAN
Plaintiff	
AND	MINISTRY OF SOCIAL DEVELOPMENT
Defendant	

Hearing:	On the papers at Auckland	
Judgment:	18 April 2023	

JUDGMENT (NO.3) OF POWELL J
[Costs]

This judgment was delivered by me on 18 April 2023 at 3.00 pm pursuant to
R 11.5 of the High Court Rules

…………………..
Registrar/Deputy Registrar

TANYA FELICITY DUNSTAN v MINISTRY OF SOCIAL DEVELOPMENT [2023] NZHC 796 [18 April 2023]

[1]	On 15 December 2022, I struck out proceedings brought by Tanya Dunstan in relation to a hearing conducted by the Benefits Review Committee on behalf of the Ministry of Social Development (“the Ministry”).1

[2]	During the hearing the Ministry indicated that it sought costs on a 2B basis. I held that costs would be determined on the papers and set out a timetable for the filing of submissions.2

[3]	The Ministry subsequently advised it did not seek costs, but Ms Dunstan in turn indicated that she wished the costs issue to be determined.

[4]	For completeness I therefore confirm that as the successful party did not seek costs, costs are to lie where they fall.

Powell J

1	Dunstan v Ministry of Social Development [2022] NZHC 3319.
2	At [21].