SHANE ELLIOTT
BARRISTER
Shane is an experienced advocate. He regularly appears at all court levels including the Supreme Court on a wide range of civil, regulatory and criminal matters, Shane previously practised at Russell McVeagh and Bell Gully, working on complex civil and regulatory matters. He also worked at Meredith Connell as both a regulatory and Crown prosecutor.
Having acted for a wide variety of parties, including both as a prosecutor and defence counsel, Shane brings a breadth of experience to any situation. He provides sound, practical and intelligent advice regarding the issues faced, process involved, and possible solutions.
He has specialist experience in the following areas:
CIVIL LITIGATION
Including trust and estate litigation, contract, property, insurance, insolvency, and relationship property disputes. Recent cases include:
Supreme Court:
Siemer v Heron & Russell McVeagh (junior counsel) - acting for respondents, leading authority on the right of appeal from interlocutory decisions of the High Court to the Court of Appeal. Successfully defended appeal.
Siemer v Heron & Russell McVeagh (junior counsel) - defending application for recusal of judges for bias/conflict of interest and numerous applications for leave to appeal on other grounds.
Court of Appeal:
New Zealand Fire Service Commission v Insurance Brokers Assoc of New Zealand (junior counsel, presenting oral arguments) - test case regarding legitimacy of fire insurance policy structures. Successful appeal.
Trustees Executors v QBE Insurance (junior counsel) - $26m Professional Indemnity insurance claim. Claim resolved successfully following appeal.
Siemer v Heron & Russell McVeagh (junior counsel, presenting oral arguments) - numerous appeals relating to jurisdictional and procedural issues.
High Court:
F v unidentified Customs Officer X, Officer Y and Attorney-General (junior counsel, presenting oral arguments) - ongoing claim for compensation against the Crown following Customs/Police allowing a child to be removed from NZ in breach of a Court order.
Re Thakkar (sole counsel) - successful application for permission to act as a director of companies following a disqualifying event.
Commissioner of Police v Cotton (sole counsel) - proceeds of crime case involving complex matrimonial property issues.
O2 Project Ltd v Bikes International Ltd (sole counsel) - claim regarding misrepresentations re profitability in inducing entry into a franchise agreement. Successfully resolved prior to trial.
Connell v Hart, Lawrence & Fellman (sole counsel) - complex trust and estate litigation involving multiple parties and property in New Zealand, USA and Finland. Successfully resolved prior to trial.
New Zealand Fire Service Commission v Insurance Brokers Assoc of New Zealand (junior counsel, presenting oral arguments) - test case regarding legitimacy of fire insurance policy structures.
FMA v Hotchin (junior counsel) - strike-out application relating to joinder of trust companies to Hanover Finance litigation. Successful application
REGULATORY INVESTIGATIONS and PROSECUTIONS:
Including investigations and prosecutions by WorkSafe NZ/Maritime NZ/CAA (health and safety); Customs, Commerce Commission, the Companies Office, Ministry of Social Development, MBIE and IRD. Recent cases include:
Supreme Court:
Shark Experience v PauaMAC5 & Department of Conservation (junior counsel, presenting oral arguments) - test case regarding whether shark cage diving for great whites constitutes an offence under the Wildlife Act 1953, Successful appeal.
Court of Appeal:
Mobile Refrigeration Specialists v R (sole counsel) - health and safety case involving Icepak fire fatality in High Court and Court of Appeal.
Zhang v Auckland Council (sole counsel) - appeal relating to offending under the Resource Management Act.
Easthope v Auckland Council (sole counsel) - appeal relating to offending under the Dog Control Act.
High Court/District Court:
NZQA v International College of New Zealand & Solanki - first prosecution of its kind, relating to allegations of fraudulently awarding qualifications to students (42 charges). Successfully defended case with all charges being dismissed.
Numerous prosecutions under the Health and Safety at Work Act, generally on instructions from insurers.
Numerous prosecutions under the Fair Trading Act and Credit Contracts and Consumer Finance Act;
Numerous prosecutions under the Customs and Excise Act relating to the importation of goods.
CRIMINAL CASES:
Including prosecutions for fraud, financial and complex crime, and appeals to the Court of Appeal/Supreme Court on all criminal matters. Recent cases include:
Supreme Court:
Va'afuti v R (junior counsel, presenting oral arguments) - leading authority on the admissibility and use of previous convictions under s 49 of the Evidence Act. Successful appeal.
Court of Appeal:
numerous appeals against conviction and sentence on a wide range of offences.
High Court:
Numerous appeals against conviction and sentence on a wide range of offences.
Contact
PHONE
+64 21 839 456
PHYSICAL ADDRESS:
Augusta Chambers
Level 9, 115 Queen Street
Auckland Central
(entrance off Swanson Lane)
POSTAL ADDRESS:
PO Box 106217
Customs Street
Auckland 1143