Gareth Richards

A selection of types of matters that Gareth has acted on as counsel are set out below.

Claims involving central and local government agencies

• Plane Sense v Airways Corporation & Others (2024-2025) - counsel for Wellington Airport in this judicial review of the setting of departure flight paths in Wellington.
• Bhana v Wellington City Council (2022) - counsel for applicants in successful application for interim orders against defendant city council's transport decisions.
• Successfully acting for potential plaintiff alleging defamation by a government agency employee and the government agency and securing favourable settlement.
• Helilogging Ltd & others v Civil Aviation Authority - junior counsel for defendant (Civil Aviation Authority) in a claim alleging misfeasance in public office and deceit seeking damages in excess of $50 million. Appeared in summary judgment application in High Court (2015) and on appeal to Court of Appeal (2017). Subsequently appeared at a seven-week High Court trial (2019) which resulted in all causes of action being dismissed and on appeal where the Court of Appeal upheld the High Court's judgment in full (2021). The Supreme Court declined the plaintiffs' application for leave to appeal (2021).
• Greymouth Petroleum v Heritage New Zealand - junior counsel acting for appellants in successful appeal against HNZ's decision declining an archaeological authority and successful application for costs against HNZ as decision maker.
• Acting for former senior Ministers in a pre-commencement discovery application and associated invasion of privacy tort claim.
• Acting for senior official in a select committee inquiry.
• New Zealand Climate Science Education Trust v NIWA (High Court and Court of Appeal) - junior counsel in successful defence at first instance and on appeal of a judicial review application concerning temperature records for New Zealand.
• TFG Society Inc v Chief Executive Land Information New Zealand [2014] NZAR 743 - junior counsel for second respondent in successful defence of judicial review application concerning compliance with conditions on a consent to acquire New Zealand investments by the second respondent.

General Commercial Litigation

• Successfully acting for departing shareholder seeking payment of share value under shareholders' agreement.
• Successfully acting in an arbitration on a dispute between a privately held company and contractor on the interpretation of a management services agreement and seeking payment of an exit fee.
• Acting in a wide range of contract law disputes including for significant New Zealand energy companies.
• Acting for IAG in High Court claim concerning EQC's land damage coverage obligations following Canterbury Earthquake Sequence.
• Acting for insurers and insureds in coverage disputes including general liability, professional indemnity and income protection insurance coverage.
• Acting for guarantors in proceedings involving limitations of liability, discharge of guarantees and undue influence.

Regulatory 

• Commerce Commission v Bachcare (2024 - 2025) - junior counsel for Bachcare in Commission's claim alleging certain accommodation booking terms were 'unfair contract terms' under the Fair Trading Act.
• Commerce Commission v Canterbury Industrial Scrubbing (2024) - counsel for second defendant director in claim under the Commerce Act.
• Acting for parties investigated by the Commerce Commission and/or Serious Fraud Office.
• Acting for a respondent bank in investigation by Privacy Commissioner into breach of the Privacy Act.
• Acting for a significant social services provider in a Police investigation into Crimes Act offences.
• Acting for persons and entities under investigation by professional bodies.
• Provision of electoral law advice to entities with respect to donations and disclosure obligations.

Succession, Estate, Relationship Property and/or Trustee Claims

• Acting in multiple matters including High Court proceedings with respect to succession and ownership matters in significant family business and farming operations including allegations of breach of trust, applications for removal of trustees and associated claims for compensation or in equity.
• Acting for persons in estate litigation including executors and beneficiaries responding to Family Protection Act and related applications.
• Acting on a claim resisting the application of section 182 of the Family Proceedings Act 1980 to a deed of debt: Booth v Booth in High Court (2019) and Court of Appeal (2020) and as junior counsel in a successful claim for rectification of a contract: Booth v Poplar Farms [2019] NZHC 559.
• Acting for trustees in claims for personal liability as trustees.

Property and Lease Disputes

• Acting for purchasers pursuing claims against vendors and/or real estate agents with respect to pre-purchase representations.
• Acting for professionals and for property development entities in negligence claims.
• Acting in leasing arbitrations with respect to lease obligations including following the Canterbury Earthquake Sequence and November 2016 Kaikoura earthquake.
• Acting for residential landowners challenging use of a right of way for commercial purposes including via an Environment Court appeal.
• Acting in applications under the Property Law Act in respect of partition of land, recognition of easements, leasing disputes and landlocked land applications including Calder Stewart Industries Ltd v Joie De Vivre Canterbury Ltd (partition of industrial land) and Squally Cove Forestry Partnership v Wagg [2013] 3 NZLR 793 (CA) (successful appeal against a High Court decision which had granted relief to owners of landlocked land).

Intellectual Property 

• 8 Mile Style LLC v National Party of New Zealand - junior counsel for the defendants in the High Court (2017), successful appeal reducing damages sum to the Court of Appeal (2018) and successful opposition to leave to appeal in the Supreme Court (2019).
• Acting for parties seeking to protect intellectual property rights including through interim injunction applications.