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.