Annual Conference 2018

The New Zealand Bar Association at 30: Wisdom from the Past, Realities of the Present, and Ambitions for the Future

Speaker Biographies

21 & 22 September 2018 Novotel Lakeside, Rotorua In order of Presentation

Clive Elliott QC – NZBA President, Shortland Chambers Barrister, patent attorney and arbitrator, Clive Elliott QC is the President of the New Zealand Bar Association. Although he is based in Auckland, he also practises in Australia. Before going to the bar, he headed the litigation team at Baldwin Shelston Waters/Baldwins. Clive has served as council member of the Auckland Branch of the New Zealand Law Society and the Legal Practice Division of the International Bar Association (IBA). He is also a past co-chair of the Intellectual Property and Entertainment Law Committee of the IBA and a past president of the Intellectual Property Society of Australia and New Zealand (IPSANZ). In addition to writing and commenting on IP and rule of law issues, Clive is a well-known painter and regularly displays his work. Hon. John Wild QC A former Court of Appeal judge, the Hon. John Wild QC is also one of the past presidents of the NZBA, serving from May 1998 until August 1998, when he was then appointed to the High Court Bench. John began his career in Wellington at Bell Gully. In 1976 he made the (then) unusual decision of going to the bar at the age of 28. He has since commented that he believes “… The true independence and objectivity that barristers bring is one of the great attributes of the bar”. John was appointed Queen’s Counsel in 1993, five years before he was appointed to the Bench. He was appointed to the Court of Appeal in 2011, and he retired in 2017. Apart from being a keen tramper and climber, he has a love of woodwork. Hon. Christopher Finlayson QC Former Attorney-General, the Hon. Christopher Finlayson QC, worked at Brandons from 1980-1990, and was a partner in that firm from 1986-1990. He then joined Bell Gully and was a commercial litigation partner there from 1990-2002, after which he went to the bar. In 2005, Chris entered Parliament as an Opposition List MP. While in Government, Chris held a number of portfolios including Attorney-General 2008-2017, Minister for Treaty of Waitangi Negotiations 2008-2017, Minister for Culture and Heritage 2008- 2014, Minister in charge of the GCSB and SIS 2014-2017 and Associate Minister of Maori Development 2011-2017. Chris has a strong interest in the arts and has served on a variety of arts organisations. He is a trustee of the Adam Foundation and is on the board for Chamber Music New Zealand. Victoria Casey QC, Thorndon Chambers Victoria Casey QC joined the independent bar in 2012, following five years as Crown Counsel with the Crown Law Office’s Tax & Commercial and Human Rights Teams. She previously worked for Bell Gully (Auckland and Wellington offices), Meredith Connell (Auckland) and Sly and Weigall (Canberra). She also spent time on secondment with the Commerce Commission and with Australian Defence Industries. Victoria joined the independent bar in 2012 and took Silk in 2016. She has a broad practice with a particular focus on the interface between public and commercial law. Victoria is experienced in managing major complex litigation, and also in the effective use and defence of injunctions and other urgent applications. She is an approved legal aid provider for civil appellate work in the Court of Appeal and Supreme Court. Lindsay O’Connor, LexisNexis Lindsay graduated with a first-class honours degree in Law and subsequently trained as a solicitor with a commercial litigation firm in London. During her studies she developed a particular interest in Human Rights and International Law and completed her dissertation on the interrelation between the UK’s anti-terror legislation and human rights. Lindsay has held roles at Thomson Reuters and LexisNexis UK. She ran the training and publishing division of the Law Society of England and Wales. In 2016 Lindsay joined LexisNexis NZ where she leads development of the digital product portfolio. Lindsay is also a founding member of LexisNexis’s Gender Equality Committee and has a passionate commitment to furthering the Rule of Law by improving access to justice.

Maria Dew, Bankside Chambers Maria Dew has been a barrister in Auckland for over 16 years and focuses on civil, employment and professional conduct litigation. She is the current Deputy Chair of the Health Practitioners Disciplinary Tribunal. Maria was elected to the NZBA Council in 2017. In the course of a busy year, she has co- chaired the Conduct and Values Committee alongside Jenny Cooper QC and helped to introduce the Association’s policy on harassment and discrimination and a model policy for chambers. Maria has been active in our mentoring scheme and is a co-author of the NZBA Access to Justice Report. Maria has served as committee member on several NZLS, AMINZ and ADLS committees. Belinda Sellars, Freyberg Chambers Belinda Sellars is a senior criminal lawyer based in Auckland. Belinda has been a litigator for over 23 years, and a practising barrister sole since 2009. Currently, Belinda works at Freyberg Chambers. Belinda’s practice largely consists of criminal defence work. Prior to joining the independent bar and 2009 she was a senior lawyer with the Public Defence Service and before that a senior solicitor with Russell McVeagh. She is a committee member of the New Zealand Criminal Bar Association.

Virginia Hardy, Crown Law Office Virginia Hardy is the Deputy Solicitor-General (Attorney-General Group) in the Crown Law Office. Virginia specialises in Treaty of Waitangi issues, overseeing counsel who handle representation in the Tribunal and Courts and act on the government’s behalf in relation to the legal and historical issues emerging from the interpretation and application of Treaty of Waitangi principles. She also oversees counsel in the Constitutional and Human Rights group which support many of the statutory functions of the Attorney-General and Solicitor- General, providing advice to the government and representation for the Crown on matters concerning the New Zealand Bill of Rights Act and New Zealand’s domestic and international human rights obligations.

Hon. Justice Raynor Asher, Court of Appeal of New Zealand/Te Kōti Pira The Hon. Justice Raynor Asher is another former NZBA President, serving from March 1996 to February 1998. He was also involved in the early days of the establishment of the NZBA, having been a member of the steering committee formed to progress its establishment. Justice Asher graduated BA LLB (Hons) and graduated LLM, University of California (Berkeley) in 1974. He was a partner in the firm now known as Kensington Swan from 1976-86, and in 1986 commenced practice as a barrister. In 1992 he was appointed Queen’s Counsel. Justice Asher also served as President of the Auckland District Law Society and Vice President of the New Zealand Law Society. He was appointed to the High Court bench in 2005 and to the Court of Appeal in 2016. He has been President of the New Zealand Legal Research Foundation, Chair of the Media in Courts Committee, and Chair of the Rules Committee. Paul Radich QC, Clifton Chambers Paul Radich QC was admitted in 1986 and has practised as a litigation partner with Izard Weston, Bell Gully and Minter Ellison Rudd Watts. Paul joined the independent bar in 2012 and was appointed Queen’s Counsel in 2014. He practises a broad range of litigation throughout courts and tribunals in areas including public law, competition law, medicolegal law and Treaty law. Paul has co-authored text books and articles on judicial review and advocacy. He is an outgoing member of the Council of the New Zealand Bar Association, a board member of the Institute of Legal Studies and Chair of the Legal Aid Performance Review Committee. Kylie Nomchong SC, Denman Chambers New South Wales barrister, Kylie Nomchong SC practices in industrial and employment law, workplace health and safety law, human rights, professional negligence and administrative law. Kylie held elected and appointed positions whilst a solicitor including President of NSW Young Lawyers in 1994, Councillor of the Law Society of NSW, Chair of the Law Society’s Equal Opportunity Committee from 1994 to 1996, member of the Board of the Public Interest Advocacy Centre, the College of Law, the Equal Opportunity Committee of the Law Council of Australia, the NSW Community Justices Centre. Since coming to the Bar, Kylie has been appointed to several committees including the Common Law Committee, Professional Conduct Committee, Finance Committee, Silk Selection Committee and most recently as Chair of the Wellbeing Committee since 2017. Kylie has been elected to the Council of the New South Wales Bar Association. She is a regular instructor at the Readers Advocacy Courses. In 2013, Kylie was appointed to the Social Justice Committee of the University of Technology, Sydney. Since 2012, Kylie has been a member of the Board of Directors of the Tristan Jepson Memorial Foundation, a charitable organisation whose objective is to address work related psychological health in the legal profession. Kylie is also a Board member of the Anglo Australian Lawyers Association.

Natalie Walker, Kayes Fletcher Walker In 2015 Natalie Walker was appointed as the first Crown Solicitor at Manukau. Her firm, Kayes Fletcher Walker, is now the office of the Manukau Crown Solicitor, employing over 30 lawyers to undertake the prosecution of serious crime in South Auckland. After graduating with degrees in Law and Arts, Natalie worked for a year and a half at Chapman Tripp in a general commercial team. She later travelled to England, where she graduated in 2000 with an LLM (with distinction) from the University of London (University College). On her return to New Zealand, Natalie worked briefly for John Haigh QC in early 2001 doing criminal defence work, and then joined Meredith Connell in July 2001. In 2008 Natalie was classified as Senior Crown Counsel. In 2013 she was made a Partner but left Meredith Connell in 2014 to establish Kayes Fletcher Walker. Paul Wicks QC, City Chambers A specialist in the areas of employment and criminal law, Paul Wicks QC has practised as a barrister sole since December 1994. He graduated LLB from in 1994. He joined Princes Chambers in Auckland as a barrister sole in 1994 before moving to City Chambers in 2003, having set up the Chambers with the late John Haigh QC. Between 1995 and 2001 Paul served as a member of the NZ Bar Association Council. He was appointed to the rank of Queen’s Counsel in 2014. Paul has been actively involved in legal education. He has been a judge in the 2015 and 2017 finals of the John Haigh QC Memorial Moot and has presented at employment law conferences for the New Zealand Law Society.

Hon. Justice Toogood, High Court of New Zealand, /Te Kōti Matua The Hon. Justice Toogood graduated with an LLB from Victoria University of Wellington in 1972 and was admitted to the bar in 1973. He initially joined the Wellington firm of Craig Morgan and Co in 1972 and from 1977-1985 was a Crown Prosecutor with Luke, Cunningham and Clere. From 1985-1986 he was a litigation partner in Young, Swan, Morison, McKay in Wellington and from 1986-1990 with Kensington Swan. After working as a barrister sole in 1990 and a move to Auckland in 1992, he was appointed a Queen’s Counsel in May 1999. From 1992 he specialised in civil and commercial litigation, employment, sports and criminal law as well as arbitration and mediation. Justice Toogood was appointed a High Court Judge on 8 March 2011 and is based at the Auckland High Court. Jonathan Eaton QC, Bridgeside Chambers The current NZBA Vice-President (South Island), Jonathan Eaton QC was a member of Council from 2005 to 2010 and rejoined the Council in 2015. In addition to his role as Vice-President, he chairs the Criminal Law Committee. He is the President of the Canterbury Branch of the Criminal Bar Association of New Zealand. Jonathan joined the independent bar in 1998 after 12 years practice in general litigation and as a senior prosecutor. Since joining the independent bar Jonathan has established himself as a leading specialist in criminal jury trial and appellate litigation. Jonathan was appointed a Queen's Counsel in 2013. Jonathan has been a regular presenter on behalf of the NZBA and the Law Society and has a strong interest in training. Hon. Andrew Little, Minister of Justice

Minister of Justice, the Hon. Andrew Little, graduated from Victoria University with a Bachelor of Laws and a Bachelor of Arts in philosophy. He practised as an employment lawyer from 1992 to 1997 and was General Counsel of the Engineering, Printing and Manufacturing Union from 1997 to 2000. He was the National Secretary of the Engineering, Printing and Manufacturing Union from 2000 to 2011. The Minister’s political life has included the presidency of the New Zealand Labour Party from 2009 to 2011. He then became a List Member of Parliament. He served as Leader of the Opposition from November 2014 to August 2017. His current portfolios are Minister of Justice, Minister for Courts, Minister for Treaty of Waitangi Negotiations, Minister Responsible for the Government Communications Security Bureau and New Zealand Security Intelligence Service and Minister Responsible for Pike River Re-Entry. Hon. Justice Helen Winkelmann, Court of Appeal of New Zealand/Te Kōti Pira The Hon. Justice Helen Winkelmann graduated BA, LLB from the University of Auckland in 1984 and was admitted to the bar in 1985. She was awarded the Auckland District Law Society Centenary Prize for Best Graduate in 1985. She was a partner at Phillips Fox (now DLA Piper) from 1988 until she began practice as a barrister sole in May 2001, specialising in insolvency and commercial litigation. Justice Winkelmann was appointed a High Court Judge in July 2004 and appointed as Chief High Court Judge with effect from 1 February 2010. She was awarded the Australasian Institute of Judicial Administration Award for Excellence in 2013. Justice Winkelmann joined the Court of Appeal bench with effect from 1 June 2015. Justice Winkelmann is a member of the Board of the Australasian Institute of Judicial Administration, is the Chief Justice’s representative on the Council of Law Reporting and is the Chair of the Institute of Judicial Studies. Caroline Adams Miller MAPP

Caroline Adams Miller is a bestselling author, media personality and keynote speaker from the United States. She describes herself as a Goals and Grit ™ expert. She works in the area of goal setting, grit, happiness and success. She helps people identify, come up with a plan for and persist in pursuing their toughest goals — leading to their success, happiness and flourishing, while inspiring those around them. In addition to her extensive speaking experience, she is the author of six books that have been translated into German, Korean, Spanish, Chinese, Japanese and Italian. Caroline has a Masters of Applied Positive Psychology, from the University of Pennsylvania and graduated magna cum laude from Harvard. She is a top-ranked Masters Swimmer in multiple events, has a black belt in Hapkido and has more than three decades of unbroken recovery from bulimia.

Rt. Hon. Chief Justice Dame CNZM, Supreme Court of New Zealand/Te Kōti Mana Nui The Rt. Hon. Dame Sian Elias is the 12th Chief Justice of New Zealand and the first woman to be appointed to that office. Dame Sian began her legal career first as a solicitor and then as a barrister in Auckland. In 1984-1989 she was a member of the Law Commission, working particularly on the reform of company law. In 1988, Dame Sian was appointed a Queen’s Counsel. She appeared in several significant cases, including cases concerning the Treaty of Waitangi. She was awarded a Commemorative Medal in 1990 in recognition of services to the legal profession. In 1995, Dame Sian was appointed Judge of the High Court in Auckland and on 17 May 1999, she was appointed Chief Justice of New Zealand and was made a Dame Grand Companion of the New Zealand Order of Merit. The Chief Justice was appointed a Privy Councillor in 1999 and first sat on the Privy Council in 2001.When in 2003 the Supreme Court Act established a final Court of Appeal in New Zealand, the Chief Justice became the head of the new Supreme Court. That court began sitting in July 2004. Stuart Grieve QC, O'Connell Street Barristers A two-term former President of the NZBA (Sep 1998 – Feb 2000 and Mar 2000 – Sep 2002), Stuart Grieve QC is one of New Zealand’s pre-eminent Queen’s Counsel, specialising in criminal law and trial advocacy. He has practised in the law for over 50 years and in that time has appeared in some of New Zealand’s most significant criminal cases. Stuart began his career as prosecutor at Meredith Connell, where he later became a partner. He moved to the independent bar in 1987 and was a founding member of Eldon Chambers with Dr Jim Farmer QC and the late Hon. Justice Bradley Giles. Stuart took Silk in 1996. Stuart is currently a member of the Lawyers Disciplinary Tribunal. He teaches advocacy skills for the Bar Association and the New Zealand Law Society and was a faculty member at a recent NZBA-Australian Bar Association Mastering Advocacy course in Sydney. Josh McBride, Richmond Chambers Josh McBride was a founding member of Richmond Chambers in Auckland. He was admitted to the bar in 1998. Prior to that he worked at leading litigation practices in Auckland, Sydney and London. Josh specialises in complex commercial litigation, at both trial and appellate level. Josh has presented webinars and led workshops on litigation technology for the NZBA and is a regular presenter at Law Society seminars and a faculty member of the NZLS Litigation Skills Programme. He is also involved with a number of charitable ventures in the creative sector, including the Basement Theatre Trust, of which he is a founding trustee.

Honor Ford, Shortland Chambers Honor Ford went to the bar in 2015 and is a member of Shortland Chambers. Honor acts in both criminal and civil cases, with a particular focus on serious fraud and regulatory proceedings. Prior to joining the bar, Honor worked as a prosecutor in Wellington, a consultant to the Rackets Bureau of the New York County District Attorney’s office and a defence lawyer at the International Criminal Court. She has an LLB(Hons)/BA from the University of Otago and LLM from Columbia University. At Columbia, Honor was a James Kent Scholar, the W. Bayard Cutting Jr Fellow for International Law and recipient of a William Georgetti Scholarship. Honor is also a member of NZLS’s Human Rights and Privacy Law Committee. Kate Davenport QC – NZBA President Elect, Bankside Chambers

Incoming NZBA President, Kate Davenport QC, is a civil and commercial litigator (land law, commercial and contractual disputes, trusts, equity and tortious claims). Kate became a barrister sole in 1990. She took Silk in 2013. Kate was admitted to the UK Bar by the Middle Temple in July 2015. Kate is a member of Bankside Chambers in Auckland. Kate writes extensively on trust law and is a contributing editor to LexisNexis Law of Trusts and the Oxford Journal of Trusts and Trustees.

Rt Hon. Sir Edmund (Ted) Thomas KNZM QC

The Rt Hon. Sir Ted Thomas KNZM QC is a retired judge of the Court of Appeal of New Zealand and a former acting judge of the Supreme Court of New Zealand. Sir Ted was also the driving force of the establishment of the NZBA and its first President. He was appointed Queen’s Counsel in 1981 and was appointed to the High Court of New Zealand in 1990 where he served for five years before being elevated to the Court of Appeal. He retired in 2001 but was appointed as an acting Judge of the Supreme Court in 2005. Sir Ted was made a member of the Privy Council in 1996. In 2002 he was appointed a Knight Companion of the New Zealand Order of Merit.