AREAS OF EXPERTISE
Civil and Commercial Litigation, Competition Law, Public and Administrative Law, Resource Management Law

DIRECT DIAL
+64 4 472 9027

MOBILE
+64 27 337 9484

EMAIL
tiho.mijatov@stoutstreet.co.nz

Download CV

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 across civil and criminal law.

Tiho has appeared in tribunals and in the District Court, 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 (where permitted) or by a solicitor. He accepts instructions to assist senior counsel.

QUALIFICATIONS AND CAREER
Qualifications
  • 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.
Career
  • Barrister, Stout Street Chambers (February 2016-present).
  • Judge’s Clerk, Court of Appeal (2014-2016).
  • Lecturer and Tutor, Victoria University of Wellington (2015-2018) and University of Otago (2012-2013).
  • Summer Clerk, Russell McVeagh, Auckland (summer 2012-2013)
Memberships
  • Council Member, New Zealand Bar Association (2016-present).
  • Committee Member, New Zealand Law Society ACC Law Reform Committee (2015-present).
  • Member, Resource Management Lawyers’ Association (2017-present).
RECENT AND NOTABLE CASES
  • Gerrish v Thai Grocery By Thai House Express Ltd [2018] NZARLA 236: counsel for respondent regarding suspension of on-licence under the Sale and Supply of Alcohol Act 2012.
  • M v Accident Compensation Corporation [2018] NZHC 1919 (High Court): counsel for applicant seeking leave to appeal against ACC’s decision declining cover.
  • New Health New Zealand Inc v South Taranaki District Council and Attorney-General [2018] NZSC 59 and [2018] NZSC 60 (Supreme Court): junior counsel for the appellant challenging Council’s power to fluoridate water supply, for lack of legislative authority, breach of New Zealand Bill of Rights Act, and public law challenges to meaning of Medicines Act and to promulgation of Regulations.
  • Smith v New Zealand Kennel Club Incorporated [2018] NZHC 27 (High Court): junior counsel for defendant in successful defence of judicial review challenge to Club’s decisions regarding registration and naming of dogs.
  • Re Solicitor-General’s Reference (No 1 of 2016) [2017] NZSC 58, [2018] 1 NZLR 147 (Supreme Court) and [2016] NZCA 417, [2017] 2 NZLR 1 (Court of Appeal): junior counsel assisting the Court; Solicitor-General’s Reference procedure under Criminal Procedure Act 2011; disqualified driver’s challenge to validity of demerit points system of information transfer between police and NZTA.
  • Fahey v R [2017] 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 [2017] NZHC 850 (High Court): junior counsel for plaintiff, successfully obtained summary judgment on a painting contract.
  • Trustpower Ltd v Electricity Authority and Meridian Energy Ltd [2016] NZHC 2914, [2017] 2 NZLR 253 (High Court): junior counsel for second respondent, successfully defending judicial review of regulator’s consultation process in electricity sector
PUBLICATIONS
  • Tiho Mijatov “Give and take: revocation of leave to appeal to the Supreme Court of New Zealand” [2017] 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.
  • Tiho Mijatov, Warren Forster, Tom Barraclough “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.