AREAS OF EXPERTISE
Civil and Commercial Litigation, Public and Administrative Law, Criminal Law
Tiho is a barrister with experience in both civil litigation and criminal law. He regularly appears in courts and tribunals around New Zealand in a wide range of pre-trial matters, trials, appeals, and other hearings.
Tiho advises and 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.
Tiho is ranked by the Legal 500 Asia-Pacific New Zealand Bar directory in top tier 1 as a leading barrister-sole for commercial 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
- 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
- Council Member, New Zealand Bar Association (2016-present), Wellington vice-president, co-chair of Advocacy Committee, representative on International Bar Association.
- Member, International Society of Public Law (2024-)
- Committee Member, New Zealand Law Society Public Law Committee (2023-); Rule of Law Committee (2021-2023); ACC Law Reform Committee (2015-2021).
- Panel Mentor, College of Law (2021-).
- Panel Prosecutor, Kayes Fletcher Walker, Manukau Crown Solicitor (2019-).
- Member, Resource Management Lawyers’ Association (2017-2021).
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 examples of Tiho’s experience include:
Human rights
- Obiaga v Department of Corrections [2024] NZSC 49 (Supreme Court): counsel for prisoner seeking leave to challenge the validity of prisoner security classification regulations and policy.
- 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.
- Borrowdale v Director-General of Health [2020] NZHC 2090, [2020] 2 NZLR 864, (2020) 11 HRNZ 392 (High Court): counsel for applicant, successfully challenging lawfulness of government’s early COVID-19 lockdown measures, for limiting rights to freedom of movement, peaceful assembly and association as not prescribed by law so contrary to the New Zealand Bill of Rights Act.
- 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.
Judicial review and public law
- Connection and Navigation Service v ACC [2024] NZHC 2737 (High Court): counsel for provider of dispute resolution services seeking to challenge ACC’s alleged non-compliance with written policy on grounds of failure to adhere to policy, mandatory relevant consideration and legitimate expectation.
- 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.
- Logan and Ng v Minister for Land Information New Zealand [2021] NZHC 945 and [2021] NZHC 1050 (High Court): counsel for applicants who 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.
- The Gama Foundation v Chief Executive of the Ministry of Social Development (2021) and The Gama Foundation v Auditor-General and Controller of New Zealand (2024): counsel for philanthropic organisation seeking judicial review of MSD’s failure to prosecute wage subsidy recipients, and of the Auditor-General’s monitoring and reporting on MSD’s handling of the scheme.
- 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.
- 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.
- 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.
Commercial litigation
- Fistonich v Gibson (High Court): counsel for vintner Sir George Fistonich and company suing banks and receivers relating to sale of Villa Maria wine business and land (ongoing).
- Te Whatu Ora / Health New Zealand v Masterton District Council (High Court, 4 week trial 2023): counsel for Health NZ suing Council alleging negligent issuing of code compliance certificate for seismically defective public hospital.
- Rongotai Investments Ltd v Blaylock and Kerekes Family Trust, Bunnings Ltd and NZ Cash Flow Control Ltd [2023] NZHC 2399 (High Court): counsel for 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.
- 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.
- Johnson v Johnson (High Court, 2020 – 2022 and Court of Appeal, 2023)): counsel in four High Court proceedings and 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.
- 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.
Rating law
- 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.
- Rongotai Investments Ltd v Land Valuation Tribunal: counsel for successful applicant in a series of rating decisions from the Land Valuation 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.
- 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.
Environmental law
- Counsel for Horticulture NZ in Environment Court regional plan change proceedings relating to Waikato river.
- Counsel for Sir Peter Jackson and Dame Fran Walsh in opposition to Wellington City Council’s proposed sale of land for development at Shelly Bay.
- Counsel for landowner farmer in respect of dispute about paper road and claim in nuisance (ongoing).
Medico-legal issues
- ACC v TN [2023] NZCA 664 (Court of Appeal): counsel for successful respondent in test case brought by ACC relating to availability of loss of potential earnings to victim of childhood sexual abuse, requiring consideration of complex accident compensation legislation text, context, and purpose.
- 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.
- Counsel for medical practitioners including surgeons, intensivists, psychologists, psychiatrists and others in registration disputes, disciplinary proceedings and Coronial inquiries and inquests.
Criminal law
- Counsel to assist the Court of Appeal and Supreme Court in test cases brought by the Solicitor-General relating to a range of criminal law issues such as demerit points (2016-2017); alcohol-testing process (2020); dog destruction orders (2024); and engineers’ producer statements (2024).
- Counsel for the Crown and government departments including the Official Assignee, MBIE, MPI, Customs, Police, and others, in regulatory and criminal prosecutions.