Litigation and advice


Litigation and advice.

Kristy is a senior King’s Counsel with litigation experience spanning more than 40 years.

Kristy began her career as a Crown prosecutor in Christchurch in 1981 and has been involved since then in a wide range of public, civil and criminal litigation.

As well as her litigation experience Kristy has been involved (either as inquirer, investigator or as counsel) in many inquiries and investigations covering a range of areas including aviation, fisheries, workplace conduct, procurement and financial management, health and safety and governance.

Kristy has frequently conducted complex settlement negotiations and is a qualified mediator.

Kristy is an experienced legal adviser and has extensive trial and advocacy experience.  She also frequently provides advice on legal, strategic and governance matters and has been involved in a range of sensitive litigation for a number of clients including the Crown, corporate entities and individuals. This, in addition to legal advice, has required detailed assessment of strategic and political implications, and often difficult negotiation. Kristy frequently provides advice and assistance to chief executives and senior officials on legal and organisational matters.

Kristy is practical and strategic in the advice she provides. She is a strong and direct advocate and is effective in negotiation and management of difficult and sensitive legal situations.  

Examples of Kristy’s work follow.

Civil and advisory

Kristy provides advice and representation across a range of civil, public law and regulatory issues.

Examples include

  • Representing the Crown in the civil proceeding brought by Kim Dotcom in the High Court and Court of Appeal. (Dotcom v Attorney-General [2013] NZHC 1269).
  • Representing the Minister of Justice in the Judicial Review proceedings issued by David Bain. (Bain v Minister of Justice [2013] NZHC 2123).
  • Providing independent oversight into the criminal investigation into the GCSB.
  • Representing NZ Police over many years in relation to civil claims including advising on organisational and operational reviews and investigations.
  • Representing the Financial Markets Authority in complex civil proceedings arising from the collapse of Hanover Finance Limited (and related proceedings).
  • Conducting commercial negotiations with the Mexican Government in relation to export and international customs/tariff issues.
  • Assisting the Office of Auditor General in inquiries and reviews and representing the OAG in the High Court in proceedings brought by the Gama Foundation in relation to the Covid wage subsidy scheme (Gama Foundation v Controller and Auditor General of NZ [2024] NZHC 2735).
  • Appearing in the Privy Council in civil proceedings (B v Attorney-General [1999] 2 NZLR 296: [2003] UKPC 61 (PC), negligence/damages claim).
  • Representing the Crown in the Court of Appeal in Attorney-General v B [2002] NZAR 809, a decision dealing with the availability of compensation for psychological injury.
  • Provided advice to TVNZ and the Minister of Finance in relation to the restructuring of TVNZ as a Crown Company.
  • Representing the Crown in civil damages litigation initiated by former Police officers.
  • Representing the Crown in a malicious prosecution civil trial (Withey v Attorney-General, CP10/95, 19/8/1998) and subsequent appeal to the Court of Appeal (Attorney-General v Withey CA 211/98 20/7/1999).
  • Representing the Chair of the Waitangi Tribunal in Judicial Review proceedings issued by Ngai Tahu involving significant public law and constitutional issues.
  • Appearing in the Court of Appeal in the landmark case of New Zealand Māori Council v Attorney-General (“Lands”) [1987] 1 NZLR 641; and in the Privy Council with the Solicitor-General in New Zealand Māori Council v Attorney General (Broadcasting Assets) [1992] 2 NZLR 576 (CA) [1994] 1 NZLR 513 (PC).
  • Acting in the health and safety area, representing both corporate clients in defence of prosecutions and acting for Worksafe in a number of matters including the recent Whakaari/ White Island health and safety prosecution and appeal (Worksafe New Zealand v Whakaari Management Limited, White Island Tours and others [2024] NZDC 4119).
  • Acting as counsel assisting as amicus curiae.
  • Defending professional disciplinary cases for practitioners in various professional contexts, including in the High Court in re Alan Reay v Institute of Professional Engineers [2023] NZHC 2750 and in the subsequent disciplinary proceedings.
  • Acting as a Legal adviser for numerous professional bodies, including the Medical Council as Legal Assessor for the Bonham and Green disciplinary hearings (following the National Women’s Hospital Inquiry), and the civil and disciplinary proceedings arising after a death caused by a recently discharged psychiatric patient.
Criminal, fraud and securities

From 1980 to the present, Kristy has prosecuted hundreds of serious criminal trials across the country and appeared in numerous criminal appeals.

Examples include

  • Leading the criminal health and safety prosecution into the Whakaari-White Island matter in 2023-2024 brought by Worksafe, which was the largest health and safety prosecution in New Zealand and one of the largest criminal trials.
  • Representing the Serious Fraud Office in the Court of Appeal in relation to search warrant and Bill of Rights issues (A Firm of Solicitors v District Court at Auckland [2006] 1 NZLR, 586 (CA)).
  • Prosecuting (second counsel) the third R v Barlow murder trial.
  • Counsel at the inquest into the fatal shooting of Steven Wallace.
  • Counsel in serious fraud trials, including the long running Student Loan fraud trial, the Bradley Ponzi scheme criminal trial and the Ross Asset Management trial for the Serious Fraud Office and the Financial Markets Authority.