A search of the Westlaw NZ database indicates that since 1980, Jack Hodder has been counsel in over 600 cases that had resulted in judgments being issued by the High Court, Court of Appeal and Supreme Court of New Zealand. That number includes many interlocutory and/or procedural matters but also includes numerous major trials and appeals across the range of commercial, regulatory and public law issues. (That number also excludes Privy Council cases, arbitrations and of course those matters which did not result in the commencement of litigation or its pursuit to any delivered judgment.)
EARLIER CASES
Notes on a reverse chronological selection of judgments in which jack hodder KC has been a leading counsel since 2012 follow:
2021
Ngāti Whātua Ōrākei Trust v Attorney-General (No 2) [2021] NZHC 88
Evidence – Litigation privilege – Strategy discussions with expert witness – No property in a witness
[JEH represented Ngāti Whātua Ōrākei Trust]
Mercury NZ Ltd v Waitangi Tribunal [2021] NZHC 654, [2021] 2 NZLR 142
Judicial review – Treaty of Waitangi Act – Resumption of Māori land – Tikanga
[JEH represented Mercury NZ Ltd]
Yan v Mainzeal Property and Construction Ltd (In Liq) [2021] NZCA 99
Directors’ duties – Reckless trading – Corporate groups – Inter-company loans – Balance sheet solvency – Quantification of loss
[JEH represented Gomm, Shipley and Tilby]
Moncrief-Spittle v Regional Facilities Auckland Ltd [2021] NZCA 142, [2021] 2 NZLR 795
Judicial review – Reviewability – Council-controlled organisations – Irrationality – New Zealand Bill of Rights Act 1990 – Freedom of expression – Cancellation of speaking event – Public interest costs
[JEH represented Moncrief-Spittle and Cumin]
New Zealand Steel Ltd v Minister of Commerce & Consumer Affairs [2021] NZHC 966
Judicial review – International trade – Countervailing duties – Chinese steel – Public body test – Less than adequate remuneration
[JEH represented Mercury NZ Ltd]
White v James Hardie New Zealand Ltd (No 11) [2021] NZHC 1180
Evidence – Admissibility – Expert evidence – Knowledge / intention
[JEH represented James Hardie New Zealand Ltd]
Bathurst Resources Ltd v L & M Coal Holdings Ltd [2021] NZSC 85
Contract interpretation – Extrinsic evidence – Implied terms – Performance payment – Meaning of “shipped”
[JEH represented Bathurst Resources Ltd]
Cridge v Studorp Ltd [2021] NZHC 2077
Negligence – Misleading or deceptive conduct – Product liability – Class action – Leaky buildings
[JEH represented Studorp Ltd and James Hardie New Zealand Ltd]
Griggs (on behalf of Ngāi Tūmapūhia-ā-Rangi Hapū) v Attorney-General [2021] NZHC 2913
Interim injunction – Treaty of Waitangi settlement – Comity – Resumption of Māori land
[JEH represented Mercury NZ Ltd]
2020
Mercury NZ Ltd v Waitangi Tribunal [2020] NZHC 598
Judicial review – Resumption of Māori land – Interim relief – Stay
[JEH represented Mercury NZ Ltd]
Routhan v PGG Wrightson Real Estate Ltd [2020] NZHC 702
Civil procedure – Recall – Special reason
[JEH represented Routhan]
Attorney-General v Strathboss Kiwifruit Ltd [2020] NZCA 98
Negligence – Biosecurity – Duty of care – Breach of duty – Causation – Crown immunity
[JEH represented the Attorney-General]
Bunnings Ltd v Commerce Commission [2020] NZHC 742
Civil procedure – Recall – Criminal prosecution
[JEH represented Bunnings Ltd]
Cridge v Studorp Ltd [2020] NZHC 794
Evidence – Hearsay – Expert evidence
[JEH represented Studorp Ltd and James Hardie New Zealand Ltd]
Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 113, [2020] NZCCLR 26
Contract interpretation – Performance payment – Meaning of “shipped” – Implied terms
[JEH represented Bathurst Resources Ltd]
James Hardie New Zealand Ltd v White [2020] NZCA 142
Civil procedure – Discovery – Control – Global approach
[JEH represented James Hardie New Zealand Ltd]
NZME Ltd v Nine Entertainment Co Holdings Ltd [2020] NZHC 1029
Civil procedure – Interim injunction – Breach of exclusivity agreement
[JEH represented NZME Ltd]
New Zealand Council of Licensed Firearms Owners Inc v Minister of Police [2020] NZHC 1456
Judicial review – Regulations – Common law right to property – Confiscation
[JEH represented New Zealand Council of Licensed Firearms Owners Inc]
Rangitira Developments Ltd v Sage [2020] NZHC 1503
Judicial review – Pre-determination – Improper purpose – Crown Minerals Act 1991
[JEH represented Rangitira Developments Ltd]
New Zealand Tahr Foundation Inc v Minister of Conservation [2020] NZHC 1669
Judicial review – Wild Animal Control Act 1977 – Consultation
[JEH represented New Zealand Tahr Foundation Inc]
Rangitira Developments Ltd v Royal Forest and Bird Protection Society of New Zealand Inc [2020] NZSC 66
Declaratory judgment – Crown Minerals Act 1991 – Reserves Act 1977 – Mining on conservation land
[JEH represented Rangitira Developments Ltd]
Te Ara Rangatū O Te Iwi O Ngāti Te Ata Waiohua Inc v Attorney-General [2020] NZHC 1882
Confiscation of Māori land – Waikato Wars – New Zealand Settlements Act 1863 – Duress – Undue influence – Unconscionable bargain – Fiduciary duty – Duty of good faith – Public Works Act 1928 – Legitimate expectation
[JEH represented New Zealand Steel Ltd]
Coromandel Watchdog of Hauraki (Inc) v Attorney-General [2020] NZHC 2345
Judicial review – Overseas Investment Act 2005 – Sensitive land
[JEH represented Oceana Gold (New Zealand) Ltd]
Ngāti Whātua Ōrākei Trust v Attorney-General [2020] NZHC 3120
Judicial review – Mana whenua – Leave to cross-examine
[JEH represented Ngāti Whātua Ōrākei Trust]
2019
Bunnings Ltd v Commerce Commission [2019] NZHC 3340
Judicial review – Evidence – Non-party disclosure – Commerce Commission prosecution – Fair Trading Act 1986 – Misleading or deceptive conduct
[JEH represented Bunnings Ltd]
KI Commercial Ltd v Christchurch City Council [2019] NZCA 645
Civil procedure – Application for recall or leave to appeal – Bias – Recusal – Resource Management Act 1991 – District plan
[JEH represented KI Commercial Ltd]
Schmuck v Opua Coastal Preservation Inc [2019] NZSC 118, (2019) 20 NZCPR 513
Land law – Easements – Esplanade reserve – Reserves Act 1977 – Commercial operations
[JEH represented Far North District Council]
Moncrief-Spittle v Regional Facilities Auckland Ltd [2019] NZHC 2399, [2019] 3 NZLR 433
Judicial review – New Zealand Bill of Rights Act 1990 – Freedom of expression – Proportionality – Public power – Council Controlled Organisation – Cancellation of speaking event – Standing – Public interest
[JEH represented Moncrief-Spittle and Cumin]
Payment Express Ltd v Paymark Ltd [2019] NZHC 2027
Evidence – Confidentiality – Commercial sensitivity – Application by categories – Commerce Act 1986 – Substantial market power
[JEH represented Paymark Ltd]
Rangitira Developments Ltd v Royal Forest and Bird Protection Society of New Zealand Inc [2019] NZSC 81
Civil procedure – Revocation of leave to appeal
[JEH represented Rangitira Developments Ltd]
Mainzeal Property and Construction Ltd (In Liq) v Yan [2019] NZHC 1637
Directors duties – Reckless trading – Variation of quantum – Interest – Costs
[JEH represented directors Gomm, Shipley, Tilby and Collins]
NZ Iron Sands Holdings Ltd v Toward Industries Ltd [2019] NZHC 1416, [2019] NZAR 1199
Civil procedure – Discovery – Privilege – Inspection by the Court
[JEH represented Toward Industries Ltd]
Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua Inc v Attorney-General [2019] NZHC 1205
Civil procedure – Application for adjournment
[JEH represented New Zealand Steel Ltd and Waikato North Head Mining Ltd]
Mainzeal Property and Construction Ltd (In Liq) v Yan [2019] NZHC 255
Directors duties – Reckless trading – Corporate groups – Inter-company loans – Balance sheet solvency – Quantification of loss
[JEH represented directors Gomm, Shipley, Tilby and Collins]
White v James Hardie New Zealand [2019] NZHC 188
Civil procedure – Security for costs – Litigation funding – Multi-stage trial
[JEH represented James Hardie New Zealand]
James Hardie Industries plc v White [2018] NZCA 580, [2019] 2 NZLR 49
Companies – Separate legal personality – Claims against overseas, holding companies – Negligence – Misleading or deceptive conduct – Consumer guarantees – Summary judgment and protest to jurisdiction
2018
Te Ara Rangatu o Te Iwi o Ngati Te Ata Waiohua Incorporated v Attorney General [2018] NZHC 2550
Resource management – Mining licence – Historic places legislation – Conflicting legislation – Authority to fell trees and mine – Declaration
[JEH represented New Zealand Steel Ltd and Waikato North Head Mining Ltd]
New Zealand Steel Ltd v Minister of Commerce and Consumer Affairs [2018] NZHC 2454, [2019] 2 NZLR 525
Judicial review – Ministerial discretion – International trade – Countervailing duties – Public body test
[JEH represented New Zealand Steel Ltd]
Ngāti Whātua Ōrākei Trust v Attorney-General [2018] NZSC 84, [2019] 1 NZLR 116
Treaty of Waitangi – Overlapping claims – Settlement Bill – Justiciability and principle of comity – Principle of non-interference
[JEH represented Ngāti Whātua Ōrākei Trust]
L&M Coal Holdings Ltd v Bathurst Resources Ltd [2018] NZHC 2127
Contract interpretation – Performance payment – Meaning of “shipped” – Implied terms
[JEH represented Bathurst Resources Ltd]
Strathboss Kiwifruit Limited v Attorney-General [2018] NZHC 1559
Negligence – Biosecurity – Duty of care – Breach of duty – Causation – Crown immunity
[JEH represented the Attorney-General]
2017
Fonterra Co-operative Group Ltd v McIntyre and Williamson Partnership [2017] NZSC 197
Dairy Industry Restructuring – “New Entrants”– Milk supply agreements – Terms – Discrimination between suppliers
[JEH represented Fonterra Co-operative Group Ltd]
Ngāti Whātua Ōrākei Trust v Attorney-General [2017] NZCA 554
Treaty of Waitangi – Overlapping claims – Settlement Bill – Justiciability and principle of comity – Principle of non-interference
[JEH represented Ngāti Whātua Ōrākei Trust]
Strathboss Kiwifruit Ltd v Attorney-General [2017] NZHC 2512
Negligence – Biosecurity – Evidence – Discovery – Insurance arrangements
[JEH represented the Attorney-General]
Ngāti Hurangaterangi v Ngāti Wahiao [2017] NZCA 429, [2017] 3 NZLR 770
Arbitration – Panel’s obligation to deliver a reasoned arbitral award – Whakarewarewa Joint Trust – Competing iwi interests in lands
[JEH represented Ngāti Wahiao]
AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc [2017] NZSC 135, [2018] 1 NZLR 212
Employment relations – Legality of strikes and lockouts – Seasonal meatworkers – Expired collective contract – Existing rights
[JEH represented the Meat Industry Association of NZ Inc as Intervener]
White v James Hardie New Zealand [2017] NZHC 2105
Companies – Separate legal personality – Claims against overseas, holding companies – Negligence – Misleading or deceptive conduct – Consumer guarantees – Summary judgment and protest to jurisdiction
[JEH represented James Hardie NZ]
Cridge v Studorp Ltd [2017] NZCA 376
Product liability (Cladding systems) – Representative order – Separate issues – Persons having same interest – Opt-in period – Purpose – Limitation period
[JEH represented Studorp Ltd]
New Zealand Greyhound Racing Association v New Zealand Racing Board [2017] NZHC 1771
Racing – Judicial review – Surplus funds distribution agreement with code organisations – Exercise of statutory discretion – Legality of multi-year allocations – Delegability of powers – Legitimate expectation – Mistakes of fact – Relevant considerations – Unfairness – Relief
[JEH represented the NZ Racing Board]
Lakes Edge Developments Ltd v Kawarau Village Holdings Ltd [2017] NZCA 205, [2017] 3 NZLR 336
Trespass to land – Boundaries of real property – Rock anchors affixed to adjoining land – Fixture forming part of land – Claim against subsequent owner
[JEH represented Lakes Edge Developments Ltd]
KI Commercial Ltd v Christchurch City Council [2017] NZHC 1076
Resource Management – Judicial review – Christchurch redevelopment – Illegality – Error of law – Zoning rules – District plans and schemes
[JEH represented KI Commercial Ltd]
Hay v LSG Sky Chefs New Zealand Ltd [2017] NZCA 153
Employment relations – Joinder order – Leave to appeal
[JEH represented Hay]
Ngāti Whātua Ōrākei Trust v Attorney-General [2017] NZHC 389, [2017] 3 NZLR 516
Treaty of Waitangi – Overlapping claims – post-settlement issues re primary mana whenua – Justiciability and principle of comity/non-interference – Judicial review – Declaratory relief
[JEH represented Ngāti Whātua Ōrākei Trust
2016
New Zealand Carbon Farming Ltd v Mighty River Power Ltd [2016] NZCA 624, (2016) 23 PRNZ 789
Contract interpretation – Emissions Trading Scheme – Carbon credits purchase agreement –Determination of appeals and costs
[JEH represented Mighty River Power Ltd]
Te Whakakitenga o Waikato Inc v Martin [2016] NZCA 548, [2017] NZAR 173
Incorporated societies – Validity of removal of chairperson – Strike out – Inutility – Scope of judicial review – Remedies
[JEH represented Te Whakakitenga o Waikato Inc]
Fonterra Co-operative Group Ltd v McIntyre and Williamson Partnership [2016] NZCA 538, (2016) 14 TCLR 435
Dairy Industry Restructuring – Contract – Misrepresentation – Trade practices – Misleading or deceptive conduct
[JEH represented Fonterra Co-operative Group Ltd]
Cridge v Studorp Ltd [2016] NZHC 2451, (2016) 23 PRNZ 281
Product liability (Cladding systems) – Leaky buildings – Consolidation and representative action – Tort – Negligence – Breach of duty of care – Trade practices – Fair trading ¬– Prohibited conduct and misleading or deceptive conduct
[JEH represented Studorp Ltd]
Herron v Wallace [2016] NZHC 2426, (2016) 23 PRNZ 620
Commercial law – Sale and purchase agreements – Credit Contract and Consumer Finance ¬Act – Duties and liabilities of mortgagees – Jurisdiction to recall sealed judgment and order rehearing – Stay application
[JEH represented Wallace]
Lakes Edge Developments Ltd v Kawarau Village Holdings Ltd [2016] NZHC 2141, [2017] 2 NZLR 421
Trespass to land – Boundaries of real property – Rock anchors affixed to adjoining land ¬–Summary judgment
[JEH represented Lakes Edge Developments Ltd]
Te Ohu Kai Moana Trustee Ltd v Attorney-General [2016] NZHC 1798, [2016] NZAR 1169
Fisheries – Māori fishing quota – Kermadec Ocean Sanctuary Bill – Declaratory relief sought re Bill before House – Parliamentary privilege – Justiciability and principle of comity – Stay application
[JEH represented Te Ohu Kai Moana Trustee Ltd]
Ngāti Hurungaterangi v Ngāti Wahiao [2016] NZHC 1486, [2016] 3 NZLR 378
Arbitration – Panel’s obligation to deliver a reasoned arbitral award – Competing iwi interests in lands
[JEH represented Ngāti Wahiao]
Ririnui v Landcorp Farming Ltd [2016] NZSC 62, [2016] 1 NZLR 1057
State-owned Enterprises – Sale of land – Disclaimer of interest in land for Treaty claim – Judicial Review – Availability of review – Material mistake – Bad faith
[JEH represented Landcorp Farming Ltd]
Herron v Wallace [2016] NZHC 1129
Commercial law – Sale and purchase agreements – Credit Contract and Consumer Finance ¬Act – Duties and liabilities of mortgagees
[JEH represented Wallace]
Re Auckland Council [2016] NZEnvC 65
Resource management – Proposed Auckland Unitary Plan – Consents and declarations
[JEH represented Auckland Council]
Ayrburn Farm Developments Ltd v Queenstown Lakes District Council [2016] NZHC 693
Housing Accords and Special Housing Area Act - Special Housing Areas – Judicial review
[JEH represented Ayrburn Farm Developments Ltd]
Re Auckland Council [2016] NZEnvC 56, [2016] NZRMA 319
Resource management – Proposed Auckland Unitary Plan – Lawfulness of Framework Plan provisions – Consents and declarations
[JEH represented Auckland Council]
Ngāti Whātua Ōrākei Trust v Attorney-General [2016] NZHC 347
Treaty of Waitangi – Overlapping claims – Settlement Bill – Justiciability and comity – Principle of non-interference
[JEH represented Ngāti Whātua Ōrākei Trust]
2015
New Zealand Carbon Farming Ltd v Mighty River Power Ltd [2015] NZCA 605
Contract interpretation – Emissions Trading Scheme – Carbon credits purchase agreement
[JEH represented Mighty River Power Ltd]
Cridge v Studorp Ltd [2015] NZHC 3065
Product liability (Cladding systems) – Leaky buildings – Consolidation, representative applications Class action – Class of persons with same interest – Negligence – Breach of duty of care – Fair trading - Misleading or deceptive conduct
[JEH represented Studorp Ltd]
MacIntyre and Williamson Partnership v Fonterra Co-operative Group Ltd [2015] NZHC 3012
Dairy Industry Restructuring – Contract – Breach – Absence of consent – Misrepresentation – Trade practices – Fair trading and prohibited conduct: misleading or deceptive conduct
[JEH represented Fonterra Co-operative Group Ltd]
New Zealand Carbon Farming Ltd v Mighty River Power Ltd (No 2) [2015] NZHC 2894
Contract Interpretation – Emissions Trading Scheme – Carbon credits purchase agreement
[JEH represented Mighty River Power Ltd]
Ngāti Te Ata v New Zealand Steel Mining Ltd [2015] NZCA 547, [2016] NZAR 38
Procedure – Discontinuance – Withdrawal of undertaking – Mining licence
[JEH represented NZ Steel Mining Ltd]
Martin v Waikato-Tainui Te Kauhanganui Inc [2015] NZHC 2694
Incorporated Societies – Disqualification of elected Assembly member, officer – Judicial Review – Strikeout
[JEH represented Waikato-Tainui Te Kauhanganui Inc]
New Zealand Carbon Farming Ltd v Mighty River Power Ltd [2015] NZHC 1274
Contract Interpretation – Emissions Trading Scheme – Carbon credits purchase agreement
[JEH represented Mighty River Power Ltd]
Ngāti Wahiao v Ngāti Hurungaterangi [2015] NZSC 67, (2015) 22 PRNZ 448
Arbitration – Appeals – Jurisdiction re Court of appeal decision reversing High Court refusal of leave to appeal
[JEH represented Ngāti Wahiao]
Earthquake Commission v Insurance Council of New Zealand Inc [2015] NZHC 457 Procedure – Costs re declaratory judgment interveners (cf [2014] NZHC 3138)
[JEH represented the Earthquake Commission]
2014
Chetham v Mighty River Power Ltd [2014] NZHC 2302
Contract – Memorandum of Understanding – State Owned Enterprises – Treaty of Waitangi claims – Strike out
[JEH represented Mighty River Power Ltd]
Walker v Coroners Court at Wellington [2014] NZHC 2645, [2014] NZAR 1424
Copyright – Coroners – Claims re news media access to photographic exhibits
[JEH represented Television New Zealand]
Todd Petroleum Mining Co Ltd v Shell (Petroleum Mining) Co Ltd [2014] NZCA 507, [2015] 2 NZLR 180
Arbitration – Appeal Challenge – Time Limit, impact of correction claim
[JEH represented Shell (Petroleum Mining) Co Ltd]
Paki v Attorney-General (No 2) [2014] NZSC 118, [2015] 1 NZLR 67
Fiduciary claims – Crown purchases of Māori lands – Third party successor interest
[JEH represented Mighty River Power Ltd]
Dotcom v Twentieth Century Fox Film Corporation [2014] NZCA 426
Copyright – Assets freezing orders
[JEH represented Twentieth Century Fox Film Corporation and others]
New Zealand Steel Mining Ltd v Butcher [2014] NZHC 1552
Procedure – Release from undertakings, leave to discontinue – Iron and Steel Industry licence – Māori interests claims
[JEH represented NZ Steel Mining Ltd]
2013
New Zealand Steel Ltd v Attorney General [2013] NZHC 3524
Crown Minerals – Transitional provisions – Iron and Steel Industry – Ironsands license – RMA inapplicable
[JEH represented New Zealand Steel Ltd]
Wellington International Airport Ltd v Commerce Commission [2013] NZHC 3289
Commerce – Regulated goods and services – Input methodologies – Appeals against Commission determination
[JEH represented Christchurch International Airport, Wellington International Airport, Powerco]
West Coast ENT Inc v Buller Coal Ltd [2013] NZSC 87, (2013) 17 ELRNZ 688, [2014] 1 NZLR 32, [2014] NZRMA 133
Resource Management - Resource consent application for coal mining – Climate change effects excluded
[JEH represented Buller Coal Ltd]
Marley New Zealand Ltd v Skellerup Rubber Services Ltd [2013] NZHC 2035
Sale of goods - Contract – Negligence – Joint tortfeasors – Joinder of purchaser’s contractors
[JEH represented Skellerup Rubber Services Ltd]
Marley New Zealand Ltd v Skellerup Rubber Services Ltd [2013] NZHC 1653
Procedure – Whether more explicit pleading required - Sale of goods – Contract – Negligence
[JEH represented Skellerup Rubber Services Ltd]
Saito Offshore Pty Ltd v Wing Hung Printing Co Ltd [2013] NZHC 1183
Procedure - Evidence – Whether evidence to be given via video link
[JEH represented Wing Hung Printing Co Ltd]
2012
Gisborne Milk Co-Op Ltd (in Liq) v Fonterra Co-Operative Group Ltd [2012] NZHC 3439
Companies Law – Cooperative companies – Dairy Industry Restructuring Act – Meaning of constitution – Fonterra – Shareholder rights
[JEH represented Fonterra Co-Operative]
Te Whaunau O Waipareira Trust v Attorney-General [2012] NZHC 3107
Judicial Review – Contract – Services - Settlement Agreements – Refusal to renew services agreement
[JEH represented the Attorney-General]
Ironsands Investments Ltd v Toward Industries Ltd [2012] NZHC 1277
Arbitration – Application to set aside award - Share purchase agreement
[JEH represented Toward Industries and New Zealand Steel Ltd]
Telecom Corporation of New Zealand v Commerce Commission [2012] NZCA 278
Commerce – Abuse of dominant position - Regulated goods and services – Whether pricing breached Efficient Component Pricing Rule
[JEH represented Telecom]
Telecom Corporation of New Zealand v Commerce Commission [2012] NZCA 344
Commerce – Appeal against penalty judgment – Telecom pricing – Abuse of dominant position
[JEH represented Telecom]
Attorney-General of Samoa v TV Works Ltd [2012] NZHC 131, [2012] NZAR 407
Broadcasting - Appeal - Broadcasting Standards Authority rejection of complaint – Accuracy and fairness of broadcasting
[JEH represented the Attorney-General of Samoa]
Re Buller Coal Ltd [2012] NZEnvC 80, (2012) 16 ELRNZ 826, [2012] NZRMA 401
Resource management – Resource consent application for coal mining – Climate change effects excluded
[JEH represented Buller Coal Ltd]
Bay of Plenty Energy Ltd v The Electricity Authority [2012] NZHC 238
Electricity – Regulated goods and services – Challenge to Authority decision – Undesirable trading situation – Appropriate remedy
[JEH represented Meridian Energy Ltd, NZ Steel Ltd, NZ Sugar Company Ltd, Powershop NZ Ltd, Switch Utilities Ltd]
Waikato Tainui Te Kauhanganui Inc v Martin [2012] NZHC 85
Incorporated society – Management and governance – Alteration of rules for an improper purpose – Application for an injunction to prevent general meeting of incorporated society
[JEH represented Waikato Tainui Te Kauhanganui Inc]