Tiho is a barrister with broad experience in civil litigation. His particular expertise and interest is in providing public law advice and advocacy.
Before joining chambers, Tiho was a judge’s clerk at the Court of Appeal, where he gained wide experience in legal research, writing, and advocacy across a vast range of civil and criminal law matters.
Tiho has appeared in the High Court, Court of Appeal, and Supreme Court. He has acted for and against individuals, groups and associations, companies and local and central government bodies.
Tiho can be instructed directly or through a solicitor. He also accepts instructions to assist senior counsel.
Qualifications and Career
Qualifications and Awards
- Admitted as a Barrister and Solicitor (2014).
- Bachelor of Laws with Honours (First Class), University of Otago (2013).
- First in class in seven subjects: Advanced Public Law, Criminal Law, Jurisprudence, Energy Law, Law & Emerging Technologies, Law and Society, and Legal Theory.
- Member, Resource Management Lawyers’ Association (2017-present).
- Council Member, New Zealand Bar Association (2016-present).
- Committee Member, New Zealand Law Society ACC Law Reform Committee (2015-present).
- Barrister, Stout Street Chambers (February 2016-present).
- Judge’s Clerk to the Hon Justice Harrison, Court of Appeal (2014-2016).
- Lecturer and Tutor, Victoria University of Wellington (2015-present) and University of Otago (2012-2013).
- Summer Clerk, Russell McVeagh, Auckland (summer 2012-2013)
Recent and Notable Cases
- Re Solicitor-General’s Reference (No 1 of 2016)  NZSC 58 (Supreme Court) and  NZCA 417 (Court of Appeal): junior counsel assisting the Court; Solicitor-General’s Reference under the Criminal Procedure Act 2011; disqualified driver’s challenge to validity of demerit points system of information transfer between police and Transport Agency.
- New Health New Zealand Inc v South Taranaki District Council and Attorney-General (judgment pending, Supreme Court, 2017): junior counsel for the appellant in relation to a challenge to the Council’s decision to fluoridate water supply, on the grounds of lack of legislative authority, breach of New Zealand Bill of Rights Act, and public law challenges to promulgation of Regulations.
- Fahey v R  NZCA 596 (Court of Appeal): junior counsel (written submissions) for New Zealand Bar Association and New Zealand Law Society as interveners in this criminal appeal; review of trial judges’ uses of amicus curiae in an expanded role in a criminal trial.
- Service Painting and Building Co Pty Ltd v Pacific International Hotel Management School Ltd  NZHC 850 (High Court): junior counsel for plaintiff, which successfully obtained summary judgment on a painting contract.
- Trustpower Ltd v Electricity Authority and Meridian Energy Ltd  NZHC 2914,  2 NZLR 253 (High Court): junior counsel for second respondent, successfully defending judicial review of regulator’s consultation process in electricity sector.
- Tiho Mijatov “Give and take: revocation of leave to appeal to the Supreme Court of New Zealand”  New Zealand Law Journal 237.
- Tiho Mijatov, Tom Barraclough, Warren Forster “The idea of access to justice: reflections on New Zealand’s accident compensation (or personal injury) system” (2016) 33(2) Windsor Yearbook of Access to Justice 197.
- Warren Forster and others “Problems with access to law in personal injury disputes” (2016) 27 New Zealand Universities Law Review 365). This article was shortlisted for best published article in 2017.
- Warren Forster and others “Understanding the Problem: an analysis of ACC appeals processes to identify barriers to access to justice for injured New Zealanders” (Acclaim Otago, New Zealand Law Foundation, University of Otago Legal Issues Centre, July 2015) 1–185.
- Tiho Mijatov “How To Use A Dissent” (2015) 9(1) Dispute Resolution International 69–80.
- Tiho Mijatov “Whether and How To Internationalise Law Curriculum Content” (2014) 24(1) Legal Education Review 143–158.
- Tiho Mijatov (Autumn 2014) “Where the Context Otherwise Requires” Advocate 16–17.
- Tiho Mijatov “Editorial” (2013) 3(1) New Zealand Law Students’ Journal iii–iv.