AREAS OF EXPERTISE
Civil and Commercial Litigation, Public and Administrative Law, Environment and Local Government Law
YEAR OF ADMISSION TO THE BAR
2015
Duncan is a barrister practising in general commercial and public law litigation. He has acted for a broad range of clients in the public and private sector. He has appeared as counsel in the Court of Appeal, High Court, District Court and specialist tribunals. He has also assisted clients in resolving disputes through mediation and other processes.
Prior to joining chambers, Duncan worked as a judge's clerk at the Court of Appeal.
Duncan accepts instructions to assist senior counsel.
QUALIFICATIONS AND CAREER
- Bachelor of Laws with Honours (First Class) - University of Canterbury (2014)
- Bachelor of Science in Chemistry - University of Canterbury (2014)
- 2017 - Present: Barrister sole at Stout Street Chambers
- 2015-2017 - Judge's Clerk, Court of Appeal
RECENT AND NOTABLE CASES
- Counsel for Chief Ombudsman in judicial review proceedings concerning the use of the name “ombudsman”, including two appeals to the Court of Appeal (Financial Services Complaints Ltd v Chief Ombudsman [2018] NZCA 28, [2018] 2 NZLR 884 and [2022] NZCA 248, [2022] 2 NZLR 740).
- Counsel for landowners on an appeal to the Court of Appeal regarding whether land has the status of Māori freehold land or general land (Re Peacocke [2022] NZCA 469).
- Counsel assisting the Court of Appeal in a case challenging the Ministry of Social Development’s approach to the calculation of rest home subsidy entitlements (Broadbent v Chief Executive of Ministry of Social Development [2019] NZCA 201, [2019] 3 NZLR 376).
- Counsel for executors of a will on an application for probate in solemn form (Connor v Schuitema [2023] NZHC 1473).
- Counsel for trustees of a family trust defending an application to remove the trustees from office (Terry v Terry [2023] NZHC 884).
- Counsel for purchasers of land in a subdivision on a successful application for orders to sustain a caveat (White v RR Ventures (2018) Ltd [2022] NZHC 2111)
- Counsel for the plaintiff in a successful application for declaratory relief regarding the ownership of vintage aircraft (Wulff v DeMarco [2021] NZHC 3110)
- Counsel for a Māori incorporation seeking to set aside a transfer of Māori land (Proprietors of Potikirua Block Incorporation v Te Kani [2019] NZHC 3200, [2020] NZHC 668, [2020] NZHC 3525 and [2021] NZHC 81).
- Counsel for a log export industry organisation in an application to the Environmental Protection Authority for reassessment of the controls on the use of methyl bromide as a fumigant, and in a related application to the High Court for interim relief (Stakeholders in Methyl Bromide Reduction Inc v Environmental Protection Authority [2019] NZHC 3482; and EPA decision issued on 11 August 2021).
- Counsel for the Attorney-General, successfully opposing a prisoner’s claim challenging Department of Corrections' policies regarding university level education in prisons (Tomar v Attorney-General [2019] NZHC 3485).