Tuesday, 17 March 2026
Contractual Discretion: New Zealand’s Developing Jurisprudence
- Recent first instance and appellate decisions
- The interaction of private and public law tests
- How to draft contractual discretion provisions
Presented by Colin Hunter, Senior Associate, Hesketh Henry
Description
Attend and earn 1 CPD hour
Chair
Carlo Wan, Partner, Lane Neave
Learning Objectives:
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Understand recent developments in New Zealand jurisprudence concerning the exercise of contractual discretions, including the interaction between private and public law principles
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Apply emerging case law to the drafting and interpretation of contractual discretion provisions to better manage legal and commercial risk
Presenters
Colin Hunter, Senior Associate, Hesketh HenryColin graduated from the University of Auckland with a Bachelor of Law (Hons) and was admitted as a Barrister and Solicitor of the High Court in 2016. He specialises in civil litigation, with particular expertise in maritime and insurance law. Colin excels at complex legal analysis and cross border claims. Colin has experience across a broad range of trade and transport disputes. He has acted on cargo (wet and dry), international trade, collisions, fires, ship repair, ship arrest and charterparty disputes. Colin has acted for many New Zealand insurers with respect to professional indemnity, directors and officers, income protection, construction works, property, life and disability, and marine insurance. He also has experience with offshore insurers and re-insurers to provide advice on New Zealand insurance law and registration as a New Zealand insurer. Colin has successfully argued before the High Court and supported litigation in the Court of Appeal and Supreme Court. He is a creative problem solver with strong legal knowledge and a pragmatic negotiation style. Prior to being a lawyer Colin was a jazz musician. He has given his time to teach Burmese refugees and students in need. He has a passion for cooking and has regularly cooked for Auckland’s homeless population. Colin has been a member of the Maritime Law Association of Australia and New Zealand since he was a law student. He has given talks at the branch and national conference on marine insurance and admiralty issues.
Carlo Wan, Partner, Lane Neave
Carlo specialises in all aspects of financial services, financial markets and regulatory matters. He also provides advice on all aspects of corporate law ranging from mergers and acquisitions, corporate structuring, commercial contracts and investment funds. Carlo’s clients include internationally listed and unlisted corporates, Chinese state-owned entities, financial institutions, security brokerages and international consumer brands.