Recent Cases

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.)

Notes on a reverse chronological selection of judgments in which jack hodder Kc has been a leading counsel since 2012 follow:

2023

Inguran, LLC v CRV Ltd [2023] NZHC 3692
Patents Act – Interim injunction to prevent defendants’ continued deployment of technology allegedly infringing plaintiffs’ New Zealand patents – Whether New Zealand or Wisconsin is most appropriate forum for plaintiffs’ claim – Assumption of jurisdiction over foreign defendants

[JEH represented Inguran, LLC, Cytonome/ST, LLC and STGenetics New Zealand Ltd]

Re Edwards Whakatōhea [2023] NZCA 504, [2023] 3 NZLR 252
Marine and Coastal Area (Takutai Moana) Act – Customary marine title – Protected customary right – Tikanga Māori

[JEH represented Landowners Coalition Inc]

Hata v Attorney-General (No 2) [2023] NZHC 2919
Challenge to decisions leading to Treaty settlement as inconsistent with hapū tikanga – Principle of non-interference with parliamentary proceedings – Parliamentary Privilege Act – Whether preliminary questions should be determined in advance of trial

[JEH represented Hata and Rakuraku]

Yan v Mainzeal Property and Construction Ltd (in liq) [2023] NZSC 113
Companies Act – Directors’ duties – Reckless trading – Balance sheet solvency – Quantification of loss – Relief

[JEH represented Gomm, Shipley and Tilby]

Mercury NZ Ltd v Māori Land Court [2023] NZHC 1644
Judicial review – Te Ture Whenua Māori Act – Land Transfer Act – Jurisdiction of Māori Land Court – Māori customary title over riverbed land – Māori customary interests in water – Fiduciary claims over land – Indefeasibility – Tikanga

[JEH represented Mercury NZ Ltd]

Fletcher Construction Co Ltd v Chubb Insurance New Zealand Ltd [2023] NZHC 943
Summary judgment for declarations – Strike out – Interpretation of insurance policy

[JEH represented Fletcher Construction Co Ltd]

Pouākani Claims Trust v Attorney-General [2023] NZHC 1336
Judicial review – Declaratory Judgments Act – Whether easements were transfers of interests in land under State-Owned Enterprises Act – Whether easements should have memorials providing for resumption of land on recommendation of Waitangi Tribunal – Whether memorials could retrospectively be added to registered title – Indefeasibility

[JEH represented Mercury NZ Ltd]

Hata v Attorney-General [2023] NZHC 1255
Application for interim orders preventing the entering of a Deed of Settlement settling Treaty claims – Challenge to Deed of Settlement as inconsistent with hapū tikanga – Influence of tikanga on Crown’s decision-making powers – Principle of non-interference with parliamentary proceedings

[JEH represented Hata and Rakuraku]

Auckland Council v C P Group Ltd [2023] NZSC 53, [2023] 1 NZLR 35
Local Government Act – Judicial review of rating decisions – Challenge to decision to impose targeted rate – Error of law – Unreasonableness

[JEH represented Auckland Council]

LMCHB Ltd v Buller Coal Ltd [2023] NZHC 633, [2023] 2 NZLR 680
Contract – Interpretation – Deed of guarantee with sale and purchase agreement – Whether liability under guarantee crystalised and performance payment due – Previous proceedings – Abuse of process

[JEH represented Buller Coal Ltd and Bathurst Resources Ltd]

Metlifecare Retirement Villages Ltd v James Hardie New Zealand Ltd [2023] NZHC 333
High Court Rules – Presentation of expert evidence at trial – Departures from orthodox trial order – Natural justice

[JEH represented James Hardie New Zealand Ltd, Studorp Ltd, James Hardie NZ Holdings Ltd, RCI Holdings Pty Ltd, James Hardie Australia Pty Ltd, James Hardie Research Pty Ltd and James Hardie Industries PLC]

Timaru District Council v Minister of Local Government [2023] NZHC 244
Declarations – Local Government – Jurisdiction to grant declarations in respect of fundamental common law values and principles – Local Government’s role in democratic governance and accountability – Property rights of Local Government – Compensation for deprivation of property rights – Principle of non-interference in legislative process – Three Waters Reforms

[JEH represented Timaru District Council, Whangārei District Council and Waimakariri District Council]

Ngāti Whātua Ōrākei Trust v Attorney-General (No 5) [2023] NZHC 74
Declaratory relief – Formulation of declarations about ahi kā and mana whenua – Declarations about tikanga obligations in settling Treaty claims

[JEH represented Ngāti Whātua Ōrākei Trust, Te Rūnanga o Ngāti Whātua and Ngāti Whātua o Kaipara]

2022

Casata Ltd v Minister for Land Information [2022] NZHC 243
Public Works Act – Announcement of public works project impairing ownership rights in shadow period – Claim for compensation based on hypothetical reinvestment model – Alternative claim for disturbance payments under Act

[JEH represented Casata Ltd]

Te Kāhui Takutai Moana o Ngā Whānui Me Ngā Hapū v Landowners Coalition Inc [2022] NZCA 27
Marine and Coastal Area (Takutai Moana) Act – Strike out – Whether persons appearing in High Court as “interested persons” have a right of appeal to the Court of Appeal

[JEH represented Landowners Coalition Inc]

Metlifecare Retirement Villages Ltd v James Hardie New Zealand Ltd [2022] NZHC 511
Discovery – Inspections and testing – Challenging claim to privilege of documents

Ngāti Whātua Ōrākei Trust v Attorney-General (No 4) [2022] NZHC 843
Tikanga – Mana whenua – Ahi kā – Contested application of tikanga – Impact of tikanga interests on Crown legal obligations relating to Treaty settlement policy – Tikanga-based resolution processes

[JEH represented Ngāti Whātua Ōrākei Trust]

Manawa Energy Ltd v Electricity Authority [2022] NZHC 1444
Judicial review – Electricity Authority guidelines – Transmission Pricing Methodology – Use of cost-benefit analyses – Pre-determination and bias – Unlawfulness – Relevant considerations – Unreasonableness

[JEH represented Manawa Energy Ltd]

Mercury NZ Ltd v Cairns – Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174)
Strike out – Māori customary title over riverbed land – Māori interests in water – Fiduciary claims over land – Indefeasibility – Tikanga

[JEH represented Mercury NZ Ltd]

Cridge v Studorp Ltd [2022] NZHC 2024
Costs – Disbursements for key witnesses – Common costs expenditure across parallel proceedings

[JEH represented Studorp Ltd and James Hardie New Zealand Ltd]

Metlifecare Retirement Villages Ltd v James Hardie New Zealand Ltd [2022] NZHC 2380
Evidence – Expert Evidence – Expert caucusing

Moncrief-Spittle v Regional Facilities Auckland Ltd [2022] NZSC 138
Judicial review – Reviewability – Council-controlled organisations – Irrationality – New Zealand Bill of Rights Act 1990 – Freedom of expression – Cancellation of speaking event

[JEH represented Moncrief-Spittle and Cumin]

Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd [2022] NZSC 142
Treaty of Waitangi Act – Tribunal’s resumption jurisdiction – Tikanga values, processes – Standing of third parties – Judicial review

[JEH represented Mercury NZ Ltd]

Earlier Cases