Heather has experience across a wide variety of insurance related matters. She has a particular focus on public/product, statutory and professional indemnity insurance matters focusing on complex coverage issues for insurers and the defence of disciplinary matters and civil proceedings brought against professionals including solicitors, accountants, real estate agents, engineers and other construction professionals.
She also has experience in the defence of criminal regulatory proceedings brought by various bodies including WorkSafe New Zealand, Maritime New Zealand, the Commerce Commission and regional Councils under the Resource Management Act.
Heather has appeared in various forums to date on both civil and criminal matters including the District Court, Environment Court, Family Court and as junior counsel in the High Court and the Human Rights Review Tribunal along with attendance as junior counsel at several mediations.
Heather also has industry experience having been seconded twice to insurer clients. In these roles, Heather has provided claims handling assistance on a number of liability related claims.
Professional Indemnity
- Regularly assisting on the defence and settlement of professional negligence claims in various forums against professionals including solicitors, barristers, accountants, engineers and other construction professionals.
- Advising on complex coverage issues on professional indemnity claims.
- Assisting in the provision of complex indemnity advice to an insurer on a claim which involved a law firm which had completed conveyancing on two large property developments. Issues of aggregation and section 9 of the Law Reform Act 1936 arose.
- Assisting in the provision of advice to a large accounting firm in a coverage dispute between insurers in separate policy periods as to which policy period a claim against it should fall into. The claim involved detailed consideration of policy response and strategic advice on resolution of the issue.
- Successful objection to an interlocutory application for interrogatories which were oppressive in a High Court defective building litigation – Dron v Home Design Company Ltd [2021] NZHC 2883.
- Assisting on the defence of a family law barrister in an appeal to the Legal Complaints Review Officer.
Statutory Liability
- Representing various companies in WorkSafe New Zealand and Maritime New Zealand investigations into health and safety incidents from incident through to conclusion.
- Representing a marine engineering company at sentencing in respect of charges under the Health and Safety at Work Act 2015 which arose out of a blowback event and a failure to notify WorkSafe.
- Advising on a successful enforceable undertaking application for an outdoor activities provider in the context of a health and safety prosecution.
- Acting as junior counsel together with King’s Counsel on the defence of a New Zealand grocery retailer in a proceeding brought by the Commerce Commission under the Commerce Act 1986 which was resolved by negotiated settlement.
- Acting as junior counsel in the successful defence of a transport company in the Human Rights Review Tribunal in respect of a claim of discrimination under the Human Rights Act 1993.
General Liability
- Regularly advising on liability and coverage issues arising in public liability claims including on property damage and product recall claims.
- Assisting in the provision of advice to an insurer on policy interpretation and the occurrence of property damage in respect of a defective cladding product claim.
- Investigations and Inquiries
- Litigation, Investigations and Inquiries
- Product Liability and Recall
- Professional Liability
- Property Damage
- Work Health and Safety
- Professions and Business Services
- Construction and Infrastructure
- New Zealand Law Society
- New Zealand Insurance Law Association
- Auckland Women Lawyer’s Association
- Young Insurance Professionals