Jack Hodder

KC
Written By Phil Houghton

Jack is acknowledged as one of the country’s foremost litigators, providing advice and advocacy on commercial, regulatory and public law matters.

In addition to tactical and strategic advice, Jack’s work has included appearances in hundreds of cases involving litigation or arbitration. In these cases he has appeared at interlocutory, trial and appeal hearings, including the Privy Council and the Supreme Court.

Since 2015 Jack has been practising as a barrister sole from Thorndon Chambers (Wellington) and Shortland Chambers (Auckland). He was previously national senior litigation partner at Chapman Tripp (and chaired the firm’s board for six years). He has previously been a Law Commissioner and was a founding editor of “The Capital Letter”.

Further information and a detailed CV is available at jackhodder.com

    • A search of the Westlaw NZ database indicates that since 1980, Jack 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 numerous major trials and appeals across the range of commercial, regulatory and public law issues, but does not include Privy Council cases and arbitrations.

    • The following sets out cases in which Jack has been leading counsel since 2017. For a list of cases prior to 2017, see www.jackhodderqc.com

    • Rangatira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Inc [2019] NZSC 81

    • Mining – leave to appeal – error in High Court agreed statement of facts – when to revoke leave (represented Rangatira Developments Limited)

    • Mainzeal Property and Construction Limited (in Liquidation) v Yan [2019] NZHC 1637

    • Company directors – Breach of directors’ duties – liability and quantum (represented all but one of the Mainzeal former directors including Rt Hon Jennifer Shipley and Sir Paul Collins)

    • NZ Iron Sands Holdings Limited v Toward Industries Limited [2019] NZAR 1199

    • Evidence – Challenge to claim of privilege over in house counsel communications (represented Toward Industries).

    • Te Ara Rangatu o Te Iwi o Ngati Te Ata Waiohua Inc v Attorney-General [2019] NZHC 1205

    • Adjournment of proceedings – interests of justice - unless orders (represented New Zealand Steel)

    • James Hardie Industries Plc v White [2019] NZSC 39; [2019] 2 NZLR 49 (CA)

    • Companies – Separate legal personality – Claims against overseas, holding companies – Negligence – Misleading or deceptive conduct – Consumer guarantees – Summary judgment and protest to jurisdiction (represented James Hardie NZ)

    • New Zealand Steel Limited v Minister of Commerce and Consumer Affairs [2019] 2 NZLR 525

    • Judicial review – investigations – review of decision as to whether countervailing duties to be imposed on imported goods (represented New Zealand Steel Limited).

    • Ngati Whātua Orākei Trust v Attorney-General [2019] 1 NZLR 116 (NZSC)

    • Scope of Parliamentary privilege – application to decision made by executive to be implemented by Act of Parliament (represented Ngāti Whātua Ōrākei Trust)

    • L&M Coal Holdings Limited v Bathurst Resources Limited [2018] NZHC 2127

    • Sale of mining permits – contractual interpretation – interpretation of a “no default” acknowledgement – implied terms (represented Bathurst Resources Limited).

    • Strathboss Kiwifruit Ltd v Attorney-General [2018] NZHC 1559

    • Negligence – Biosecurity – whether the Crown owes a duty of care in respect of biosecurity decisions (represented the Attorney-General; appeal heard in 2019, judgment reserved)

    • Ngāti Hurangaterangi v Ngāti Wahiao [2017] NZSC 200, [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 (represented Ngāti Wahiao)

    • 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 (represented Fonterra Co-operative Group Limited)

    • 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 (represented Meat Industry Association of NZ Inc as Intervener)

    • 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 (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 (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 (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 (represented KI Commercial Ltd)

    • Hay v LSG Sky Chefs New Zealand Ltd [2017] NZCA 153

    • Employment relations – Joinder order – Leave to appeal (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 (represented Ngāti Whātua Ōrākei Trust).

    • Chambers Asia Pacific: The Client’s Guide, 2014

      New Zealand Litigation: “Jack Hodder QC is a seasoned litigator who maintains an outstanding reputation in the market. Sources regard him as a ‘compelling advocate’ and observe that he is ‘an excellent litigator, one of the very best’. In a career spanning more than 30 years, he has represented many high profile clients.”

    • (Listed as the only “star individual”.)

    • New Zealand Competition/Anti-trust “Jack Hodder QC is a widely respected commercial litigator with a strong competition focus. Sources say: ‘Very few have the grasp that he has.’”

    • The Legal 500: The Clients’ Guide to the Asia Pacific Legal Profession (18th ed, 2013)

      “Jack Hodder QC is ‘an institution himself’”, listing him as one of the leading individuals in the New Zealand dispute resolution field.

    • Member of the Legislation Advisory Committee, the Attorney-General’s Working Party on replacement of Privy Council appeals and of the Regulatory Reform Taskforce.

    • Partner, Chapman Tripp (1991-2015 – including chairing the firm’s board, 2008-2014).

    • Law Commissioner (1986-1991).

    • A founding editor of “The Capital Letter” (1978-2006)

    • Jack was a founding editor of “The Capital Letter” (1978-2006) and has delivered numerous papers on a wide range of law-related topics

    • Jack has undergraduate degrees in political science and law from the Victoria University of Wellington, and a Master of Laws from the University of London (London School of Economics/University College London).

Phil Houghton http://www.houghtoncreative.co.nz
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