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COMMERCIAL / CIVIL / REGULATORY

Bio

Shane is an accomplished commercial, civil and regulatory barrister. He has appeared as counsel in leading cases across a range of practice areas. He regularly appears at all court levels including the Supreme Court. Shane previously practised at Russell McVeagh and Bell Gully working on complex civil and regulatory matters, and Meredith Connell as a regulatory and Crown prosecutor.

Shane is experienced and practically minded. Wherever possible, he resolves cases for clients as efficiently as possible. Where not possible, his courtroom experience across multiple jurisdictions and dedication make him a highly effective litigator.

Shane has particular expertise in:

  • Civil/Commercial - shareholder/governance issues; property and construction claims, contract disputes and negligence.

  • Trusts and Estates - complex cases involving breach of trustee duties, contested estates.

  • Complex Relationship Property - complex disputes involving significant relationship property ($100m+) and complex structures of property ownership through trust and company arrangements.

  • Regulatory Prosecutions - acting as both prosecutor/defence counsel in proceedings by most of NZ’s regulators including: the Commerce Commission, WorkSafe, Maritime New Zealand, Civil Aviation Authority, NZTA, Ministry of Primary Industries, NZ Customs, and IRD.

  • Disciplinary Proceedings - against lawyers, doctors/pharmacists, commercial transport operators, and University students.

Case Highlights

Supreme Court:

  • Shark Experience Ltd v PauaMAC5 Inc & Department of Conservation [2019] NZSC 111 - test case overturning a finding that commercial cage diving for great white sharks constitutes an offence under the Wildlife Act 1953.

  • Va'afuti v R [2017] NZSC 142 - leading authority on the admissibility and use of previous convictions under s 49 of the Evidence Act.

  • Siemer v Heron & Russell McVeagh [2011] NZSC 133 - leading authority on the right of appeal from interlocutory decisions of the High Court to the Court of Appeal.

Court of Appeal:

  • Rimmer v Wilton [2025] NZCA 374 - leading case regarding the application of relationship property ‘contracting out’ agreements and estate distribution rules when one partner dies. Subject of an appeal to the Supreme Court.

  • New Zealand Fire Service Commission v Insurance Brokers Assoc of New Zealand [2014] NZCA 179 - test case regarding legitimacy of fire insurance policy structures.

  • Trustees Executors v QBE Insurance [2010] NZCA 608 - appeal regarding a $26m professional indemnity insurance claim.

  • Siemer v Heron & Russell McVeagh - numerous appeals relating to jurisdictional and procedural issues.

  • Mobile Refrigeration Specialists v R [2010] NZCA 543 - appeal relating to health and safety prosecution of the Icepak coolstore explosion fatality.

High Court:

  • Lindeman Investment Ltd v FMA [2025] NZHC 1909 - test case concerning whether the FMA can owe a duty of care to investors.

  • Addleman v Lambie Trust Ltd & Ors [2024] NZHC 1790- one of the longest running trust disputes in NZ, involving a large number of parties, international property assets and complex allegations. Ongoing.

  • F v unidentified Customs Officer X, Officer Y and Attorney-General [2019] NZHC 1141 - claim for compensation against the Crown following Customs/Police allowing a child to be removed from NZ in breach of a Court order.

District Court (Regulatory and Criminal prosecutions)

  • NZQA v International College of New Zealand & Solanki [2020] NZDC 20731 - first prosecution of its kind, relating to allegations of fraudulently awarding qualifications to students (42 charges). Successfully defended case with all charges dismissed.

  • Numerous prosecutions under the Health and Safety at Work Act 2015

  • Numerous prosecutions under the Fair Trading Act and Credit Contracts and Consumer Finance Act;

  • Numerous jury trials involving serious crime.

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Contact

 

EMAIL

shane@shaneelliott.co.nz

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