Tiho Mijatov, Stout Street Chambers, Wellington, New Zealand

Tiho is a barrister with experience in both civil litigation and criminal law. He regularly appears in courts and tribunals around New Zealand.

Tiho has acted for and against individuals, groups and associations, charities, insurers, companies and political, local and central government bodies. He has appeared in the Supreme Court, Court of Appeal, High Court, and District Court. He has also appeared in a wide range of specialist tribunals and hearings including Parliamentary select committees, inquiries and inquests, professional disciplinary matters, local authority hearings, alcohol licensing and personal injury disputes.

Before joining chambers, Tiho was a judge’s clerk at the Court of Appeal, where he gained wide experience in civil and criminal law including in respect of pre-trial, conviction and sentence appeals, judicial review of administrative action, company disputes, environmental cases and regulatory and disciplinary matters.

Tiho can be instructed directly (where permitted) or by a solicitor.

QUALIFICATIONS AND CAREER

Qualifications

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.
Admitted as a Barrister and Solicitor (2014).

Appointments

Panel Mentor, College of Law (2021-).
Panel Prosecutor, Kayes Fletcher Walker, Manukau Crown Solicitor (2019-).
Council Member, New Zealand Bar Association (2016-present).
Committee Member, New Zealand Law Society Rule of Law Committee (2021-).
Committee Member, New Zealand Law Society ACC Law Reform Committee (2015-2021).
Member, Resource Management Lawyers’ Association (2017-present).

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).

RECENT AND NOTABLE CASES

Supreme Court and Court of Appeal

Wellington International Airport Ltd and others v Wellington City Council and others [2023] NZCA 336 (Court of Appeal): counsel for respondent commercial lessor successfully opposing leave to appeal on various rating issues relating to nature of rehearing, Glasgow leases and rating units.
Nova Energy Ltd v Electricity Authority [2023] NZCA 275 (Court of Appeal): counsel for Meridian Energy Ltd successfully defending judicial review challenge to aspects of Electricity Authority’s transmission pricing methodology relating to co-generation plants, raising issues of statutory objective, cost-benefit analysis and public law unreasonableness.
Bushmere Trust v Gisborne District Council [2023] NZCA 290 (Court of Appeal): counsel for kiwifruit grower in test case about Council’s decision to include gold kiwifruit licences in assessment of capital value for rating purposes, raising issues of meaning of capital value, market value, improvements and scheme and purpose of rating legislation.
The Gama Foundation v Fletcher Steel Ltd [2023] NZCA 243 (Court of Appeal): counsel for applicant lessor seeking to challenge arbitral award in respect of lessee’s breach of commercial lease.
P v R [2021] NZCA 222 (Court of Appeal): counsel for defendant seeking leave to appeal against decision refusing request to vacate guilty plea for aggravated robbery; question of law as to correct legal test for pre-sentence request to vacate guilty plea.
Re Solicitor-General's Reference (No 1 and 2 of 2020) [2020] NZCA 563 (Court of Appeal): counsel assisting the Court in respect of challenges to validity of several drink-driving convictions; whether Police references in "Block J" wording to "prosecution" instead of "conviction" or "infringement offence" complied or reasonably complied with the requirements of the Land Transport Act 1998.
Croser v Focus Genetics LP [2020] NZCA 367 (Court of Appeal): successful appeal against High Court decision, overturning entry of defendant's summary judgment, regarding whether the parties are bound by a settlement reached in correspondence in leadup to trial.
Smith v New Zealand Kennel Club Inc [2019] NZCA 454 (Court of Appeal): counsel for Kennel Club successfully defending judicial review challenge to registration and naming decisions of pedigree dogs.
New Health New Zealand Inc v South Taranaki District Council and Attorney-General [2018] NZSC 59 and [2018] NZSC 60 (Supreme Court): counsel for appellant challenging Council’s power to fluoridate water supply, arguments about legislative authority, breach of New Zealand Bill of Rights Act, and public law challenges under Medicines Act and promulgation of Regulations.
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): counsel assisting the Court; Solicitor-General’s Reference under the Criminal Procedure Act 2011; disqualified drivers’ challenge to validity of demerit points system of information transfer between Police and New Zealand Transport Agency.
Fahey v R [2017] NZCA 596, [2018] 2 NZLR 392 (Court of Appeal): 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.

High Court

Rongotai Investments Ltd v Blaylock and Kerekes Family Trust, Bunnings Ltd and NZ Cash Flow Control Ltd [2023] NZHC 2399 (High Court): counsel for commercial lessor successfully opposing defendants’ summary judgment/strike-out of claim to recover underpaid rent, calculated for Glasgow leases by reference to government value of land.
Auckland Pride, Gender Minorities Aotearoa, and InsideOUT Kōaro v Minister for Immigration [2023] NZHC 635 (High Court): counsel for rainbow groups seeking interim orders to prevent entry of anti-transgender activist to New Zealand ahead of rallies organised for Auckland and Wellington.
English v Foley [2023] NZHC 84: counsel for plaintiff in defendant’s application for strike-out in respect of claim seeking restitutionary damages for breach of settlement agreement.
Manawa Energy Ltd v Electricity Authority [2022] NZHC 1444 (High Court): counsel for Meridian Energy Ltd successfully defending judicial review challenge to Electricity Authority’s decision to issue guidelines for new transmission pricing methodology.
Rongotai Investments Ltd v Land Valuation Tribunal [2022] NZHC 1669 (High Court): counsel for applicant in successful judicial review alleging apparent bias and unfair hearing held by Land Valuation Tribunal, obtaining relief including declarations and an order redacting parts of an interim judgment by the Tribunal. Successfully appealed a series of rating decisions from the Tribunal raising issues about effect of Glasgow leases, valuation methodology, and other matters: see [2022] NZHC 1664, [2022] NZHC 1665, [2022] NZHC 1666, [2022] NZHC 1667, [2022] NZHC 1668.
Obiaga v Department of Corrections [2022] NZHC 3146 (High Court): counsel for prisoner seeking to challenge validity of regulations and policy documents relating to Corrections’ security classification systems.
Rascal and Friends NZ Ltd v Taylor [2022] NZHC 1486 and [2022] NZHC 2479 (High Court): counsel for diaper company Rascal and Friends successfully opposing defendants’ application to strike out claim in commercial dispute about misuse of confidential information, breach of directors’ duties, and corporate opportunity doctrine.
Criffel Deer Ltd v ANZ Bank Ltd [2022] NZHC 1851 (High Court): counsel for plaintiffs seeking to resist summary judgment/strike out application by bank in respect of claims against bank for breach of contract, equitable breaches, and statutory oppression.
New Health New Zealand Inc v Wellington Water Ltd [2022] NZHC 2389 and [2022] NZHC 2783 (High Court): counsel for applicant society seeking to obtain interim orders about reintroduction of fluoride into local water supply.
Borrowdale v Director-General of Health [2020] NZHC 2090, [2020] 2 NZLR 864, (2020) 11 HRNZ 392: counsel for applicant, challenging lawfulness of COVID-19 lockdown measures, Court declaring that "By various public and widely publicised announcements made between 26 March and 3 April 2020 in response to the COVID-19 public health crisis, members of the executive branch of the New Zealand Government stated or implied that, for that nine-day period, subject to limited exceptions, all New Zealanders were required by law to stay at home and in their "bubbles" when there was no such requirement. Those announcements had the effect of limiting certain rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 including, in particular, the rights to freedom of movement, peaceful assembly and association. While there is no question that the requirement was a necessary, reasonable and proportionate response to the COVID-19 crisis at that time, the requirement was not prescribed by law and was therefore contrary to the New Zealand Bill of Rights Act."
New Zealand Kiwifruit Growers Inc v Gisborne District Council [2021] NZHC 2198 (High Court): counsel for national kiwifruit growers’ group seeking judicial review of Gisborne District Council’s decision to include the value of G3 gold kiwifruit licences in the capital value component of rateable value under the Rating Valuations Act 1998.
The Gama Foundation v Chief Executive of the Ministry of Social Development [2021] NZHC 2321 and [2021] NZHC 3146 (High Court): counsel for philanthropic organisation seeking judicial review of MSD’s failure to prosecute COVID-19 wage subsidy recipients; interlocutory disputes as to further particulars and discovery.
Logan and Ng v Minister for Land Information New Zealand [2021] NZHC 945 and [2021] NZHC 1050 (High Court): counsel for applicants seeking judicial review, successfully obtained interim orders preventing compulsory acquisition and demolition by the Crown of the historic NG Building on land designated for new stadium in Christchurch.
Mailo v Police [2020] NZHC 3164 (High Court): counsel for Police opposing appeal against refusal to grant discharge without conviction including on travel and cultural grounds.
Homes v ACC [2020] NZHC 3034 (High Court): counsel for appellant; appeal allowed by consent and remitted for rehearing, on grounds that the Court applied a predecessor legislative provision and failed to give adequate reasons for its decision.
A and B v Coroner's Court at Auckland [2020] NZHC 2278 (High Court): counsel for B, successfully overturned Coroner's decision declining name suppression to medical professional in respect of a second inquest into the death of a young adult.
New Conservative and Baker v Television New Zealand Ltd [2020] NZHC 2650, [2021] 2 NZLR 465 and [2020] NZHC 3096 (High Court): counsel for applicant party contesting general election, seeking urgent interim orders requiring invitation to participate in televised minor parties' debate.
Johnson v Johnson (High Court, 2020 and 2021): counsel in respect of four High Court proceedings and various interlocutory company law and other disputes between the parties including as to: derivative corporate action, setting aside consent orders, discovery, interrogatories, wasted costs, contempt of court for unpaid costs by another party, opposing trial adjournment, obtaining indemnity costs on another party’s failed or withdrawn interlocutory applications, breach of privilege, access to company information by a director and shareholder, rescission of interim injunctions and other matters. Judgments include: [2020] NZHC 1563, [2021] NZHC 840, [2021] NZHC 1369, [2021] NZHC 2220, [2021] NZHC 2432, [2021] NZHC 2540, [2021] NZHC 2872, [2021] NZHC 3369, [2022] NZHC 447, [2022] NZHC 465, and [2022] NZHC 1817.
Bartle Group Ltd v NZTA and Police [2020] NZHC 35 and [2019] NZHC 1828 (High Court): counsel for Police as intervener in respect of application by heavy haulage operator for a declaration as to the meaning of the Land Transport Rule: Vehicle Dimensions and Mass 2016.
Body Corporate 420508 (High Court): counsel for successful application for extinguishment of easements in respect of a community development.
Ahuja v New Zealand Police [2019] NZHC 2010 (High Court): counsel for Police in an appeal by a driver against conviction based on whether Police sufficiently facilitated the driver’s right to a lawyer in the drink driving context.
Spencer v Bryner [2019] NZHC 1762 (High Court): counsel for defendant property vendor seeking formal proof against first third party (vendor’s firm of solicitors).
King v Accident Compensation Corporation [2019] NZHC 1751 (High Court): counsel for plaintiff, judicial review challenge alleging ACC failure to take into account mandatory relevant considerations or legislative pre-requisites to decision, in declining to fund a mobile hoist for a mechanic.
Croser v Focus Genetics LP: counsel for South Australian sheep farmers in litigation against defendant including obtaining without notice interim injunction for genetic data for mating ([2019]) NZHC 627 (High Court)); obtaining further interim relief in respect of genetic data ([2019]) NZHC 2995 (High Court)); and in respect of defendant's applications for leave to appeal and stay ([2019]) NZHC 3087; [2019] HZHC 3133 (High Court); and [2019] NZCA 639 (Court of Appeal)).
Research and Education Advanced Network of New Zealand Ltd v Commerce Commission [2018] NZHC 2724 (High Court): counsel for Commerce Commission on an appeal under the Telecommunications Act 2001 in respect of the Telecommunications Development Levy.
M v Accident Compensation Corporation [2018] NZHC 1919 (High Court): counsel for applicant seeking leave to appeal against ACC’s decision declining cover for surgical mesh injury.
Service Painting and Building Co Pty Ltd v Pacific International Hotel Management School Ltd [2017] NZHC 850 (High Court): 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): counsel for second respondent, successfully defending judicial review of regulator’s consultation process in electricity sector.

District Court and Tribunals

Lester v Electoral Officer and Foster [2019] NZDC 22157 (District Court); counsel for Mayor-elect as intervener successfully opposing an application for a manual recount of local electoral results.
Rongotai Investments Ltd v Wellington City Council (Land Valuation Tribunal): counsel in respect of rating objections and related interlocutory matters including recusal, admissibility of evidence and referring questions to High Court ([2019] NZLVT 110 and [2020] NZLVT 1, 5, 6, 8, 9, 11 and see [2020] NZHC 543).
Counsel for prosecuting agencies including Official Assignee and Customs, and counsel for Crown including in respect of bail applications, pre-trial matters, jury trial and sentencing appearances.
Counsel for defendant director and company in Building Act prosecution for unconsented building works.
Counsel for liquor licence holder regarding suspension and cancellation of on-licence under the Sale and Supply of Alcohol Act 2012.
Counsel for injured claimants in personal injury (ACC) disputes at review and on appeal, and related applications for leave and special leave.
Counsel for medical practitioners in disciplinary proceedings and Coronial inquiries and inquests.