PAST PAPER: Session 2: Stream B: Public Law Update
Date: March 2017
Challenges to Subordinate Legislation
Presented by Jason McHerron, Barrister, Woodward Street Chambers
Proposed Reforms to the Regulation of Intelligence Agencies
Presented by Gregor Allan, Barrister, Port Nicholson Chambers
Chair: Mary Scholtens
Mary Scholtens QC (chair) is an experienced barrister who has acted predominantly in the public law arena since commencing practice in 1982. She spent ten years in the Crown Law Office before joining the independent bar in 1996. She was made a Queen's Counsel in 2002. Mary practices primarily in the broad field of administrative and regulatory law, particularly where commercial and governmental interests diverge. She is involved in continuing education through the various NZLS litigation skills programmes and runs professional development courses for women lawyers. Mary is a member of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, and is an accredited mediator.
Victoria Casey QC
Victoria Casey specialises in civil litigation with a particular focus on the interface between public and commercial law. Areas of practice include administrative law and judicial review across a wide range of government agencies, litigation under the Commerce Act, human rights, extradition, negligence and Crown liability. Victoria joined Thomas More Chambers in November 2012, following five years as Crown Counsel with the Crown Law Office's Human Rights and Tax & Commercial Teams. She previously worked for Bell Gully, Meredith Connell and Sly and Weigall (Canberra). She has appeared in the Supreme Court, Court of Appeal, High Court, District Court and specialist tribunals, and has acted as counsel assisting under the Inquiries Act. Victoria is a member of the New Zealand Law Society Law Reform Committee.
Jason McHerron is a Wellington barrister, experienced in public law, commercial, regulatory and competition litigation. Practising since 1996, he has appeared in all of New Zealand's general courts, as well as in specialist tribunals in New Zealand and overseas.Before moving to the independent bar in 2006, Jason was a solicitor at Russell McVeagh, and Crown Counsel at the Crown Law Office.Jason specialises in advice and litigation on issues of statutory interpretation and the interpretation of subordinate legislation. He has appeared in many judicial review proceedings, as well as in several major Commerce Act cases involving network industries. In addition to his court litigation practice, Jason is an investigator under the Gas Governance (Compliance) Regulations 2008. He co-authored the Administrative Law title of the Laws of New Zealand with Professor Joseph, is an author of McGechan on Procedure, the leading text on the High Court Rules, and is a co-author, with Ross Carter and Dr Ryan Malone, of Subordinate Legislation in New Zealand, published in August 2013 by LexisNexis. Jason is also a member of the New Zealand Law Society's Public and Administrative Law Committee and a faculty member of the Law Society's Litigation Skills Programme.
Gregor Allan is a Wellington barrister running a diverse civil and criminal practice from Port Nicholson Chambers. As a former Crown Counsel at Crown Law and Crown Prosecutor for a number of Crown Solicitor's offices, he has often represented public entities and continues to do so. During his time at Crown Law, Gregor was seconded to the GCSB in the wake of that agency's interceptions of Mr Kim Dotcom and others and he supported the ensuing review that culminated in the Kitteridge Report. He has since been extensively engaged by GCSB and, as a barrister, continues to provide advice to the NZSIS, GCSB and other entities within New Zealand's intelligence community. Gregor is an accredited mediator and a member of a number of counsel panels - including the Serious Fraud Office prosecutors' panel, the Ministry of Justice panel of Special Advocates and the panel of the Office of the Auditor General. He is a member of the Law Society's Rule of Law Committee.
Alex Schr”der studied political science, law and criminology at Victoria University and has worked for the Ombudsman's Office since 2011. He is a Senior Investigator based in Wellington, however, he is currently seconded to the Office's Policy and Professional Practice Advisory Group as an Acting Principal Advisor. He works mainly in the Office's official information and local government portfolios.
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