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.)
RECENT CASES
Notes on a reverse chronological selection of judgments in which jack hodder Kc has been a leading counsel since 2012 follow:
2025
Minhinnick v Attorney-General [2025] NZCA 584
Iron and Steel Industry Act 1959 – Validity of iron sand mining licence – Acquisition and confiscation of Māori land – New Zealand Settlements Act 1863 – duress – unconscionable bargain – undue influence – fiduciary duty – Public Works Act 1928 takings – Treaty of Waitangi negotiations – legitimate expectations.
[JEH represented New Zealand Steel Ltd]
Dotcom v Minister of Justice [2025] NZHC 2634, [2025] 3 NZLR 486
Judicial review – extradition – standard of review – Wednesbury unreasonableness – right not to be subjected to disproportionately severe treatment under s 9 of the New Zealand Bill of Rights Act 1990 – prosecutorial discretion.
[JEH represented the Minister of Justice]
Fletcher Construction Co Ltd v XAM Ltd [2025] NZHC 2459
Fire damage to NZICC – applications for access to court documents – open justice – privacy.
[JEH represented Fletcher Construction Co Ltd]
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira O Waioweka, Ngāti Patumoana, Ngāti Ruatākenga and Ngāi Tamahaua [2025] NZSC 104
Marine and Coastal Area (Takutai Moana) Act – Test for an award of customary marine title – “Holds … in accordance with tikanga” – Exclusive use and occupation – Substantial interruption – Extinguishment
[JEH represented Landowners Coalition Inc]
Smith v Fonterra Co-Operative Group Ltd [2025] NZHC 1605, [2025] 3 NZLR 22
Tort – Climate change proceedings – Interlocutory applications – Application for questions to be tried separately – Application for an order of security for costs – Application for a split trial – Application for protected costs orders – High Court Rules 2016 rr 10.15 and 14.1.
[JEH represented New Zealand Steel Ltd]
Smith v Fonterra Co-Operative Group Ltd [2025] NZHC 940, [2025] NZCCLR 393
Tort – Climate change proceedings – Interlocutory application – Application for third-party notice – Application for representative order – High Court Rules 2016 rr 1.2 4.4 4.8 and 4.24 – Law Reform Act 1936 s 17 – Declaratory Judgments Act 1908 s 2.
[JEH represented New Zealand Steel Ltd]
Hata v Attorney-General [2025] NZHC 519, [2025] NZAR 241
Declaratory judgement – Tikanga – hapū rangatiratanga claim – Application for determination of application of tikanga – Whakatōhea Claims Settlement Act 2024 s 8.
[JEH represented Hata/Ngāti Ira]
Wimax New Zealand Ltd v Fuge [2025] NZCA 31, [2025] 2 NZLR 308
Property law – Easement – Vehicular right of way – Encroaching structures on easement area – Only actionable if substantial interference – Reasonable use – Current requirements – Application of common law principles in New Zealand – No substantial interference – Property Law Act 2007 sch 5 – Land Transfer Regulations 2002 sch 4.
[JEH represented Wimax New Zealand Ltd]
2024
LMCHB Ltd v Buller Coal Ltd [2024] NZCA 672
Contract – Interpretation – Implication of terms – Deed of guarantee with sale and purchase agreement – Whether liability under guarantee crystalised and performance payment due – Anti-discharge clause – Previous proceedings – Abuse of process
[JEH represented Buller Coal Ltd and Bathurst Resources Ltd]
Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira o Waioweka [2024] NZSC 164
Marine and Coastal Area (Takutai Moana) Act – Test for an award of customary marine title – “Holds … in accordance with tikanga” – Exclusive use and occupation – Substantial interruption – Extinguishment
[JEH represented Landowners Coalition Inc]
Fletcher Construction Co Ltd v Chubb Insurance New Zealand Ltd [2024] NZHC 3567
Declarations – Interpretation of insurance policy – Third party liability insurance – Indemnity clause
[JEH represented Fletcher Construction Co Ltd]
Casata Ltd v Minister for Land Information [2024] NZCA 592
Public Works Act – Proper approach to the assessment of “full compensation” or “compensation for any disturbance to [the owner’s land]” – Ability to claim compensation for loss attributable to the inhibiting effect of proposed acquisition during shadow period
[JEH represented Casata Ltd]
Fletcher Construction Co Ltd v Xam Ltd [2024] NZHC 3156
High Court Rules – Application to adjourn trial – Whether trial should be adjourned because some of the plaintiff’s claimed losses have not yet crystallised
[JEH represented Fletcher Construction Co Ltd]
Cridge v Studorp Ltd [2024] NZCA 483
Negligence – Misleading or deceptive conduct – Product liability – Class action – Leaky buildings
[JEH represented Studorp Ltd and James Hardie New Zealand Ltd]
Winton Land Ltd v Kāinga Ora—Homes and Communities [2024] NZHC 2768
High Court Rules – Discovery – Whether there is a blanket continuing obligation to provide updating discovery – Whether tailored discovery order in this case limited the date range for discovery
[JEH represented Kāinga Ora—Homes and Communities]
Fletcher Building Nominees Ltd v Fletcher Building Ltd [2024] NZHC 2481
Financial Markets Conduct Act – Superannuation scheme – Approval of court for amendments to trust deed governing superannuation scheme
[JEH represented Fletcher Building Ltd]
Simons v ANZ Bank New Zealand Ltd [2024] NZCA 330, [2024] 3 NZLR 485
Class action – High Court Rules – Senior Courts Act – Credit Contracts and Consumer Finance Act – Jurisdiction of High Court to make a common fund order – Whether representative order should be made on opt-in or opt-out basis – Scope of representative orders
[JEH represented ASB Bank Ltd]
Fletcher Construction Co Ltd v MPM Waterproofing Services Ltd [2024] NZHC 1122
High Court Rules – Split trial – Whether trial concerning negligence and contract claims should be split into two stages (liability and quantum)
[JEH represented Fletcher Construction Co Ltd]