Richard specialises in public law and commercial disputes. His clients include both government and private sector entities. Richard has particular expertise in complex regulatory appeals, contract and insolvency disputes, and judicial review proceedings. He has represented clients at all levels of the New Zealand courts, as well as in arbitration, mediation and expert determination.
Before joining Luke Cunningham Clere Richard worked for a major international law firm in Australia, having begun his career at a large New Zealand firm. In 2010 he was awarded a Pegasus Scholarship to work with barristers at leading commercial chambers in London
Recent and notable work:
Public law and judicial review
Counsel for the Electricity Authority on appeals of its pricing error and undesirable trading situation decisions arising out of a national scarcity situation: Haast Energy Trading Ltd v Electricity Authority [2024] NZHC 195.
Junior counsel (presenting submissions) for the Commerce Commission on an appeal of input methodology decisions relating to the depreciation of pipeline assets due to climate policy risk: Major Gas Users’ Group Inc v Commerce Commission [2024] NZHC 959.
Counsel for the Financial Markets Authority on appeal of a decision revoking the registration of a financial service provider: FXBTG Financial Ltd v Financial Markets Authority [2019] NZHC 2775.
Counsel for the Registrar of Companies on a director prohibition appeal arising from the statutory management of a major property group: Brand v Registrar of Companies [2018] NZHC 3148.
Currently representing the Commerce Commission on appeals of its 2023 gas and airport input methodologies.
Commercial disputes
Counsel for a lines company in a precedent-setting case securing damages in the tort of nuisance for tree strikes: Unison Networks Ltd v Nottingham Forest Trustee Ltd [2021] NZCA 227.
Counsel for the Crown on a major procurement dispute involving contract and Fair Trading Act claims.
Acting against a vendor that attempted to avoid settlement on a sale of development land worth $25m: Official Assignee v Kingston [2016] NZCA 415.
Acting for a retirement fund in a mediation over tax losses incurred due to negligent advice.
Acting for a mining company in a dispute involving non-payment of a broker’s fee following a restructure (New South Wales).
Acting for an oil and gas company in a dispute involving the removal of a joint venture operator (Western Australia).
Regulatory enforcement
Counsel for the Reserve Bank in its first proceeding against a registered bank under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Reserve Bank v TSB Bank Ltd [2021] NZHC 2241.
Counsel for the Electricity Authority on various breaches of the Electricity Industry Participation Code, including a precedent decision setting starting point ‘bands’ following an increase to the maximum penalty.
Injuncting an Indian company passing itself off as a New Zealand government entity as part of a visa scam: Chief Executive of the Ministry of Business, Innovation and Employment v Swastik Solution Ltd [2015] NZHC 1913.
Advice and investigations
Advising a local authority on a threatened judicial review of its long term plan.
Assisting the Chief Inspector of Corrections with a report into ‘fight clubs’ at Mount Eden prison, successfully defended on judicial review: Serco v Chief Inspector of Corrections [2016] NZHC 1859.
Advising a local authority on the legal ramifications of a senior employee who committed funds without appropriate delegation.
Insolvency
Acting for the Financial Markets Authority on the Du Val group asset preservation and receivership orders.
Acting for a litigation-funded liquidator in the Supreme Court on a defendant’s challenge to the funding arrangements: PricewaterhouseCoopers v Walker [2018] 1 NZLR 735.
Counsel for the Registrar of Companies appointing interim liquidators to various failed entities including a charitable trust and an incorporated society.
Acting for a secured lender on negotiation of a deed of company arrangement.
Counsel for the Official Assignee on a summary judgment relating to trust assets: Official Assignee v Wheeler [2015] NZHC 1644.
Counsel for multiple government agencies seeking vesting orders for disclaimed land and other assets affected by industrial contamination: Timaru District Council v The Crown [2016] NZHC 2170