Gillian has significant expertise in this area. It is a major specialty, and is an area of the law in which she has a keen interest. She acts both for applicants and respondents in judicial review proceedings, and in statutory appeals to the High Court, in any context. Gillian has been briefed in a diverse range of cases, including, for example:

• currently appointed as counsel assisting the Court in a case involving a decision on refugee status;
• acting for Hamilton International Airport in successfully challenging a decision by Customs to impose charges for passenger clearance services;
• acting for SkyCity Auckland Ltd, in successfully appealing a decision of the Gambling Commission categorising electronic roulette as a gaming machine rather than a table game;
• appointed as counsel assisting the Court in two cases challenging the smoking ban in prisons, successfully arguing in one that a prison rule was invalid and in the other that regulations were invalid. In the second case she also successfully argued that remedial primary legislation enacted by the government just before the hearing did not preclude the Court from granting a declaration of invalidity;
• representing an airport company in defending an airline’s challenge to its landing charges. The case was favourably settled;
• acting for SkyCity Auckland Ltd, in seeking a declaration as to the meaning of key provisions of the Gambling Act 2003;
• acting for a timber exporter, in successfully challenging a decision by the Ministry of Forestry declining to grant export approval for unprocessed ancient swamp kauri;
• appointed as counsel assisting the court to present arguments on behalf of the respondent in a challenge to the findings of a coroner;
• acting for Sky Tower Casino Ltd, in successfully defending a challenge to the validity of its casino premises licence by an unsuccessful competing applicant;
• representing the New Zealand Maori Council, in an action to prevent the sale of Radio New Zealand assets;
• acting for a multi-national pharmaceutical company, in successfully challenging a decision of the Minister of Health to cut a subsidy on a prescription drug;
• acting for a port company, in an action to enforce the offer-back provisions in s 40 of the Public Works Act 1981, in relation to surplus railways land. It was settled favourably
• successfully defending a judicial review challenge by a competitor to the allocation of fishing quota.

Gillian also advises regulators on the proper exercise of their statutory powers. For example, she has on a number of occasions assisted an airport company with its management of consultations with airlines on landing charges.

Other specialist areas of public law include: the Bill of Rights Act 1990; the Official Information Act 1982; presenting submissions to Parliamentary select committees and to the Regulations Review Committee on proposed legislative reform; and statutory consultation processes.

Gillian has experience in a range of commercial contract disputes, covering issues such as:

• contract interpretation;
• whether a contract has been concluded;
• waiver and estoppel;
• misrepresentation and breach.
• remedies, including issues relating to causation and damages.

She advised SkyCity Entertainment Group Ltd on discrete regulatory issues relating to casino gaming in the context of the recent New Zealand International Convention Centre Agreement between SkyCity and the Government. Under this Agreement SkyCity will build and operate an international scale convention centre, and the Government has granted certain regulatory concessions.

Other examples include:

• providing second opinions on issues of contract interpretation in the context of (confidential) complex commercial contracts;
• acting for the purchaser in a High Court proceeding for damages for misrepresentation relating to a (yet to be built) high rise apartment. The case settled favourably in mediation;
• advising various commercial clients whether their negotiations had led to concluded and enforceable contracts to purchase land;
• proceedings alleging negligent performance of contractual obligations;

Gillian has also given advice on the interpretation of clauses in agreements governing the (non-statutory) source of regulatory powers of public bodies. This overlaps with public law. A recent example was in the context of postal network access.

Gillian has advised, and acted in litigation, on a range of tort disputes, for example, negligence (including cases involving novel duties of care), breach of statutory duty, nuisance, and conversion. A related area of practice is professional negligence, which is listed separately.

Gillian has significant experience in advocacy and advice in competition and trade practices law.

Gillian has appeared as counsel in some leading competition law cases, including:

• acting for the Commerce Commission in successful proceedings under s 36 of the Commerce Act 1986 against Telecom for taking advantage of its market power in its wholesale pricing of “data tails” (access to Telecom’s high speed data network). Following a six week High Court trial and subsequent penalty hearing, a record penalty of $12m was awarded. Gillian also appeared for the Commission in successfully defending the subsequent appeals by Telecom to the Court of Appeal on both liability and penalty.
• acting for the Commerce Commission in appeals to the Court of Appeal and Supreme Court in proceedings under s 36 of the Commerce Act against Telecom for allegedly taking advantage of its market power in implementing its “0867” scheme. The Supreme Court reaffirmed the “counterfactual test” as the mandatory test of use of market power under s 36.

In these cases Gillian worked with leading US economists, and she has a keen interest in law and economics.

As well, Gillian acted for the Commission in its first application for a cease and desist order under s 74A of the Commerce Act, against a port owner. The case settled favourably.

Gillian also advises commercial clients on various Commerce Act, Fair Trading Act and other regulatory issues. She has also given advice on ‘niche’ competition regimes, for example:

• Part 9 of the Civil Aviation Act 1990 relating to strategic alliances between international airlines, and
• the non-statutory, consensual regime governing postal network access, including the application of the Efficient Component Pricing Rule (ECPR) under the relevant “Pricing Principles”.

This overlaps with some of Gillian’s other practice areas, such as public law. For example, a decision by a regulator may involve issues of fair procedure, as well as competition law issues.

Gillian gives advice and conducts litigation in relation to equitable claims such as breach of fiduciary duty, knowing receipt, knowing assistance, undue influence, unconscionability, and so on. Her work also covers common law restitutionary/unjust enrichment claims, such as money had and received. Gillian has, for example, advised corporates who have unknowingly benefited from the proceeds of theft whether a claim against them for recovery of the money would succeed. She is currently acting for a defendant in a High Court proceeding involving such a claim.

In relation to trusts, her focus tends to be on the interpretation of trust deeds, and the powers and obligations of trustees, both in the context of commercial trusts, such as superannuation schemes, and family trusts. Some examples of cases Gillian has been involved in this area include:

• acting for the trustees of a discretionary trust in the High Court and Court of Appeal in a proceeding brought by a beneficiary seeking access to information. Also in issue was whether the interests of a discretionary and final beneficiary can constitute “property” under the Insolvency Act 2006;
• advising the trustees of various corporate superannuation schemes as to their obligations in relation to the distribution of fund surpluses;
• advising the trustees of discretionary family trusts of their obligations in deciding which discretionary beneficiaries should receive a distribution;
• representing a group of retired plan members in a High Court proceeding against a company and its trustees in relation to a superannuation fund surplus.

Gillian advises and represents both commercial clients and regulatory bodies in cases involving heavily regulated business environments, including, for example:

• regional airport companies. Gillian has recently advised on landing charges consultations, and a dispute regarding airport security designations.
• regulation of international air carriage under Part 9 of the Civil Aviation Act 1990. This has included advice on the authorisation of a strategic alliance between two international airlines;
• casinos. Gillian advised on discrete regulatory issues relating to casino gambling in the context of the recent New Zealand International Convention Centre Agreement between SkyCity and the Government.Read more
• postal network access. Gillian has recently advised on pricing (including the application of ECPR), and consultation;
• the New Zealand electricity markets;
• telecommunications, including recently the roll-out of Ultra-Fast Broadband.
• the Public Works Act surplus lands offer-back regime. This has sometimes involved significant research into the history of the land ownership;

More recently Gillian has also acted in litigation involving alleged tax avoidance.

In these contexts Gillian frequently provides advice on complex issues of statutory and contract interpretation.

This work overlaps with some of Gillian’s other listed practice areas such as public law, competition law, contract law, casino regulation, and trustee law.

Gillian has regularly acted for casino licence holders, over many years since the first North Island casino premises licence was granted to SkyCity. This includes ongoing advice on issues of regulatory compliance, often involving complex issues of statutory interpretation.

She advised SkyCity on discrete regulatory issues relating to casino gaming in the context of the recent New Zealand International Convention Centre Agreement between SkyCity and the Government. Under this Agreement SkyCity will build and operate an international scale convention centre, and the Government has granted certain regulatory concessions.

Gillian has also appeared in significant defended hearings before the Gambling Commission and former Casino Control Authority, including:

• acting for Queenstown Casinos Ltd in its successful application for a casino premises licence in Queenstown. There were competing applications and the hearing lasted for some months;
• representing SkyCity Casino Management Ltd in its successful application for a casino operator’s licence;
• acting for SkyCity Casino Management Ltd in a successful application to increase the number of table games and gaming machines;
• acting for casino licence holders in various successful applications for orders varying casino licence conditions or for administrative approvals.

Gillian has also represented casino licence holders in a number of Court proceedings. Some examples include:

• acting for Sky Tower Casino Ltd, the holder of the first North Island casino premises licence, in successfully defending a judicial review challenge (brought by a competing applicant) to the decision of the Casino Control Authority granting the licence. This remains a leading case on apparent bias and the Court’s remedial discretion;
• acting for SkyCity Auckland Ltd in a successful appeal to the High Court from a decision of the Gambling Commission categorising electronic roulette as a gaming machine rather than a table game;
• representing SkyCity Auckland Ltd in a test case seeking a declaration as to the proper interpretation of key provisions of the Gambling Act 2003;
• acting for a casino licence holder in defending an appeal to the High Court by the PGF from a decision of the Gambling Commission. This was favourably resolved.

In addition, Gillian has made submissions on behalf of casino licence holders to select committees and to the Regulations Review Committee in relation to proposed legislative changes.

Gillian provides advice and advocacy in cases relating to professional negligence, and related areas such as disciplinary proceedings before administrative tribunals, the courts’ wasted costs jurisdiction, and costs revisions and reviews.  Some examples of cases in which Gillian has been involved include:

• acting for a barrister in defending a High Court proceeding brought against that barrister by a former client claiming damages for negligent advice;
• acting for a firm of auditors in defending a High Court negligence proceeding brought by the liquidators of RSL;
• acting for a plaintiff in a High Court proceeding against a firm of naval architects and structural engineers for damages for negligent design;
• representing the New Zealand Bar Association as intervenor in a test case relating to barristers’ immunity.  This case went to the Supreme Court;
• acting for a barrister challenging a wasted costs order made against her by the High Court.  This test case went to the Privy Council, and the order was set aside;
• acting for a barrister in disciplinary proceedings before the New Zealand Law Practitioners’ Disciplinary Tribunal;
• acting for a retired senior medical specialist against whom disciplinary charges were brought following the Cartwright Report, including issuing a High Court proceeding seeking an order staying the charges;
• acting for a barrister in defending an application to the High Court to review a decision of a Registrar confirming a costs revision by a Law Society committee.

Memberships

New Zealand Bar Association
New Zealand Bar Association Law Reform Committee
Legal research Foundation
Competition Law and Policy Institute of New Zealand
Law and Economics Association of New Zealand
Auckland Medico-Legal Society
New Zealand Law Society
Auckland District Law Society

As a member of the Bar Association’s Law Reform Committee Gillian regularly contributes to the Association’s submissions on the government’s latest law reform proposals.

In past years Gillian has tutored in public law at Auckland University.

Qualifications

Gillian was educated at Carmel College, Auckland, where she was dux in her final year.
Auckland University: BA (French, pure mathematics, and economics).
Auckland University: LLB, senior prize.