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 qc has been a leading counsel since 2012 follow:

 

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]

 

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