Marine and Transport

• Advising underwriters and insureds in relation to marine liability claims of significant value.
• Cargo recovery and defence
• Advising hull underwriters on casualties both in New Zealand and overseas.
• Maritime New Zealand v Paddy Bull Limited (2024) – sentencing under HSWA for serious injury achieving a fine of $180,000 as against MNZ’s advocated figure of $275,000.
• Maritime New Zealand v China Navigation Company Pte Limited – sentencing decision under s65 Maritime Transport Act 1994 relating to a fall from height from a bulk log carrying vessel.
• Maritime New Zealand v The Red Boats Limited – acquittal of the defendant to charges under the Health & Safety at Work Act 2015 arising from a fatal accident in the Waitemata Harbour.
• Department of Labour v C3 Limited and Wayne Ronald Ryder – a prosecution of a stevedoring company employer and employee for breach of the Health & Safety in Employment Act 1992, in which our employer client was acquitted and the employee convicted.
• Tasman Orient Line CV v Alliance Group Limited & Ors (Supreme Court) – an important case interpreting the Hague-Visby Rules in which cargo claims against the carrier were dismissed.
• Yachting New Zealand Inc v Birkenfeld & Ors (Court of Appeal and Supreme Court) – a case in which the Court upheld limitation of liability under the Maritime Transport Act 1994 for Yachting New Zealand, in the context of a claim for damages for personal injury.

Workplace Health and Safety

• Avoiding a WorkSafe prosecution for a tragic fatal forklift accident at work (2024).
• WorkSafe New Zealand v Tree Awareness Management Limited (2023) – negotiating reduced charges (maximum fine of $1.5m reduced to $500,000) resulting in a modest fine of $26,000.
• WorkSafe New Zealand v Kerr Construction Whangarei Limited – sentencing decision under the Health & Safety at Work Act 2015 relating to a fall from a mobile scaffold.
• WorkSafe New Zealand v Thor Electrical and Maintenance Services Limited – sentencing decision under the Health & Safety at Work Act 2015 regarding registered electricians, their employer’s responsibility for supervision and technical compliance.
• WorkSafe New Zealand v Fresh Meats (NZ) Limited – sentencing decision under the Health & Safety at Work Act 2015 arising from unguarded machinery.
• WorkSafe New Zealand v Champion Flour Milling Limited – a sentencing decision dealing with reparation for emotional harm for paraplegia and other serious injuries arising from a fall from height from a fixed platform and ladder.
• WorkSafe New Zealand v GTT Mechanical Limited –a sentencing decision arising from crushing injuries at a mechanics workshop, addressing defendant’s ability to pay a fine.
• WorkSafe v Build Northland Ltd – sentencing decision under Health and Safety at Work Act 2015 arising from a fall on a construction site, consequential loss and the limited ability of the defendant to meet a fine.
• WorkSafe New Zealand Limited v Atlas Concrete Limited – a sentencing decision addressing bands of culpability in assessing fines under the Health and Safety at Work Act 2015.
• WorkSafe New Zealand v Wai Shing Limited – a case addressing future loss of income arising from a long-term injury.
• WorkSafe New Zealand v Oropi Quarries Limited – a fatal accident prosecution that addressed the assessment of emotional harm compensation.
• Department of Labour Inspectors v Waitomo Big Red Limited – the acquittal of our quad bike adventure tourism client, arising from a tragic fatal accident.

Environmental Law

• Gisborne District Council v Samnic Forest Management Limited (2024) – negotiating resolution of extensive charges while preserving a full 25% discount for early guilty pleas to two representative charges for breach of the Resource Management Act 1991 for discharge of forestry harvesting debris to watercourses and earthworks north of Gisborne.
• Wellington Regional Council v Kenepuru Limited Parnership (2023) – acting for engineers in prosecution under RMA in connection with discharges from a residential subdivision arising during COVID lockdown, resulting in modest fine of $26,250.
• Avoiding prosecution for breach under the RMA for breaches by forestry harvesting company in Marlborough (2023).
• Waikato Regional Council v Gardon Limited & Ors – sentencing decision under the Resource Management Act.
• Waikato Regional Council v Trinity Lands Limited & Ors – successful application for discharge without conviction of a contract milker for breach of the Resource Management Act.
• Waikato Regional Council v Hick Bros Construction Limited – sentencing decision under the Resource Management Act relating to discharge of bunded water from a construction site.
• Waikato Regional Council v Aitchison – sentencing decision under the Resource Management Act relating to discharge of farm effluent.
• Waikato Regional Council v Brok Farming Limited –sentencing decision under the Resource Management Act relating to discharge of farm effluent and role of employee.
• Gisborne District Council v A&R Logging Limited – not guilty plea to RMA charges arising from discharges of forestry debris to waterways. GDC withdrew all charges against our harvesting client before the two week trial.
• Chisholm Farms Limited v Waikato Regional Council – successful appeal from an order of the District Court requiring, at sentencing under the Resource Management Act, the defendant to disclose particulars of its insurance cover.