Matthew Smith

Written By Phil Houghton

Matthew has a broad public and commercial law practice, encompassing regulatory, Māori, human rights, class action and environmental law. He has special expertise in judicial review and in the use of public law tools to achieve legal, regulatory and policy outcomes. Matthew has done legal work across a range of sectors of the economy and he has acted for individuals, for entities of many kinds (including companies, incorporated societies, Māori incorporations and trusts), for Crown and public sector bodies (including Ministries, Crown entities and commissions of inquiry), for industry groups and for NGOs.

Matthew has appeared in all of the higher Courts, and in a number of specialist courts and tribunals – in witness trials, in affidavit-based proceedings and in appeals. In addition to his litigation work, Matthew is experienced in providing practical and understandable legal and strategic advice and support in a range of settings, including public inquiries, regulatory investigations, public consultation processes and law reform processes.

Matthew is currently a member of the Legislation Design and Advisory Committee, and he has previously been appointed as an amicus curiae in High Court proceedings and as counsel assisting a public inquiry.

Prior to joining Thorndon Chambers in 2011, Matthew worked as a Judges' Clerk at the High Court in Wellington, as a junior barrister at Stout Street Chambers, as a Solicitor in the Litigation and Public Law and Policy teams at Russell McVeagh and as a Legal Fellow at the Helsinki Citizens’ Assembly in Istanbul, Turkey.

  • Undefined

    • Hospice New Zealand v Attorney-General [2020] NZHC 1356 (16.6.20): meaning and effect of the conscientious objection right in the End of Life Choice Act 2019 (lead counsel for Australian and New Zealand Society of Palliative Medicine Limited, intervening)

    • Stakeholders in Methyl Bromide Reduction Inc v Environmental Protection Authority [2019] NZHC 3482 (20.12.19) (interim orders): legality of controls imposed on the emission of methyl bromide in port-based fumigation operations (lead counsel EPA)

    • Skills Active Aotearoa Ltd v Minister of Education & Ors [2019] NZHC 2800 (merits), [2019] NZHC 2803 (31.10.19) (admissibility of Parliament process evidence): legality of reform process for vocational education (lead counsel Crown respondents)

    • Enterprise Miramar Peninsula Inc v Wellington City Council [2018] NZCA 541, [2019] 2 NZLR 501, [2019] NZRMA 165 (3.12.18): legality of housing development approval under special housing legislation (junior counsel for Enterprise Miramar)

    • Pitceathly v New Zealand Parole Board [2018] NZCA 454 (25.10.18): legality of decision declining parole (senior counsel for New Zealand Parole Board)

    • New Zealand Airline Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation [2017] NZSC 199, [2018] 1 NZLR 780: legality of proposed airport runway extension (junior counsel for CAA)

    • Pub Charity Inc v Department of Internal Affairs [2013] NZHC 1160 (21.5.13) (discovery); [2013] NZHC 3311 (12.12.13) (merits); [2016] NZCA 11, (2016) 22 PRNZ 814 (costs): accounting treatment for capital assets (junior counsel for PCI)

    • Waikanae Christian Holiday Park Inc v New Zealand Historic Places Trust Māori Heritage Council [2013] NZHC 2319, [2014] NZRMA 381 (13.9.13); [2015] NZCA 23, [2015] NZAR 302 (24.2.15): wahi tapu areas (junior counsel for Waikanae CHP)

    • Pub Charity Inc v Secretary of Internal Affairs [2015] NZHC 195 (17.2.15) (merits); [2014] NZHC 2146 (4.9.14) (interim relief): regulatory penalties (counsel for PCI)

    • NZ Pork Industry Board v Director-General for the Ministry of Primary Industries [2013] NZSC 154, [2014] 1 NZLR 477 (20.12.13): development of Import Health Standards (junior counsel for NZ Beekeepers Association, intervening)

    • Ellis v Legal Complaints Review Officer [2013] NZHC 3514, [2014] NZAR 220 (20.12.13): ethical requirement of direct instructions (counsel for Mr Ellis)

      Regulatory Law

    • Van Leeuwen Group Ltd v Attorney-General [2020] NZHC 215 (19.2.20): ambit of statutory right to compensation in Biosecurity Act (lead counsel Van Leeuwen Group)

    • Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 (8.3.17): legality of disciplinary findings of Tribunal (counsel for Mr Sparks)

    • Real Finance Ltd v Setefano [2016] NZHC 2293 (27.9.16): power of Courts under CCCFA to reopen consumer credit contracts on their own initiative (amicus curiae)

    • Chorus Ltd v Commerce Commission [2014] NZCA 440 (8.9.14): interim pricing principles set by the Commerce Commission for UBA (junior counsel for Vodafone)

    • Secretary for Internal Affairs v Pub Charity [2013] NZCA 627, [2014] NZAR 177 (10.12.13); [2012] NZHC 3530, [2013] NZAR 249 (19.12.12): regulatory suspension powers (junior counsel for Pub Charity)

    • Secretary for Internal Affairs v Administration Management Services Ltd [2013] NZHC 3498 (19.12.13): regulatory claw-back of money (junior counsel for AMSL)

    • Trillian Trust v Secretary for Internal Affairs HC Wellington CIV-2010-485-2411 (14.11.11): legality of suspension of class 4 licence (junior counsel for Trillian Trust)

    • Māori/Treaty Law

    • Stafford v Accident Compensation Corporation [2020] NZCA 164 (appeal judgment); [2018] NZHC 488 (21.3.18) (High Court stay pending appeal); [2018] NZHC 218, [2018] 2 NZLR 861 (22.2.18) (High Court judgment) (caveat removal): whether ACC land constitutes Crown property (junior counsel Mr Stafford)

    • Wai 2358 –The National Fresh Water and Geothermal Resources Urgent Inquiry (ongoing; Stage 2 report issued 27.8.19): contemporary Waitangi Tribunal inquiry into Māori rights and interests in freshwater (junior counsel New Zealand Māori Council)

    • Proprietors of Wakatū & Ors v Attorney-General [2017] NZSC 17, [2017] 1 NZLR 423, (2017) 4 NZTR 27-007: Crown duties to Māori owners of Nelson and Motueka Tenths land (junior counsel for Mr Stafford and Proprietors of Wakatū)

    • Wai 2358: Water Claim (ongoing): contemporary Waitangi Tribunal claim concerning freshwater (junior counsel for New Zealand Māori Council)

    • Attorney-General v Haronga [2016] NZCA 626, [2017] 2 NZLR 394 (19.12.16): Waitangi Tribunal power to order resumption (junior counsel for Mangatū Inc)

    • Proprietors of Wakatū v Curnow [2014] NZHC 2782, (2014) 16 NZCPR 195 (7.11.14): rights to re-possess Māori reserve land (counsel for Proprietors of Wakatū)

    • Paki v Attorney-General [2014] NZSC 118, [2015] 1 NZLR 67 (29.8.14): Crown duties to Māori owners of river/riparian land (junior counsel for Pouakani owners)

    • Tuuta v Ngāti Mutunga o Wharekauri Iwi Trust [2014] NZHC 1666 (15.7.14): conflict of interest and election provisions in Māori trust deed (counsel for Mr Tuuta)

    • Re application by Tamati Mokena (2014) Chief Judge’s MB 314-330 (Māori Land Court, 1.7.14): rights of whāngai to qualify as successors (counsel for Mr Morgan)

      Class Action Law

    • Smith v Claims Resolution Service Ltd [2019] NZHC 1013 (9.5.19): terms and conditions associated with leave to bring representative action (counsel for Ms Smith)

    • Southern Response Unresolved Claims Group v Southern Response Earthquake Services Ltd [2017] NZCA 489, [2018] 2 NZLR 312: representative action against insurer relating to Canterbury earthquakes damage (junior counsel for the Group)

    • Human Rights Law

    • Chief Executive of the Ministry of Social Development v S [2017] NZHC 414 (10.3.17): recovery of overpayment of domestic purposes benefit (amicus curiae)

    • Seales v Attorney-General [2015] NZHC 1210 (2.6.15); [2015] NZHC 1239, [2015] 3 NZLR 556, (2015) 10 HRNZ 418 (4.6.15): NZBORA right to physician-assisted suicide (junior counsel for The Care Alliance, intervening)

    • Jackson v Minister of Immigration [2014] NZHC 1920 (14.8.14): application of NZBORA rights when making visitor visa decisions (counsel for Ms Jackson)

    • Singh v Chief Executive of MBIE [2013] NZHC 3273 (9.12.13): duty of consistency when making work visa decisions (counsel for Mr Singh)

    • O’Brien v Immigration and Protection Tribunal [2012] NZHC 2599, [2012] NZAR 1033 (11.10.12): best interests of the child in a deportation (counsel for Mr O’Brien)

      Environmental Law

    • Enterprise Miramar Peninsula Inc v Wellington City Council [2018] NZCA 541, [2019] 2 NZLR 501, [2019] NZRMA 165, (2018) 20 ELRNZ 771 (3.12.18); [2018] NZHC 614, (2018) 20 ELRNZ 258, [2018] NZRMA 269 (9.4.18) (NZHC merits); [2018] NZHC 1041 (14.5.18) (NZHC costs): legality of housing development approved under special housing statute (EMPI junior counsel in NZCA; lead in NZHC)

    • Weir v Kapiti Coast District Council [2013] NZHC 3522, (2013) 15 NZCPR 28 (19.12.13) (interim judgment); [2015] NZHC 43 (30.1.15) (final judgment): coastal erosion hazard/climate change information on LIMs (counsel for CRU, intervening)

    • Creswick Valley Residents Association Inc v Wellington City Council [2012] NZHC 644, [2013] NZRMA 503 (4.4.12): RMA plan changes (junior counsel for CVRA)

    • Member, New Zealand Bar Association

    • Member, New Zealand Law Society

    • Member, Legislation Design and Advisory Committee

    • Member, Law and Economics Association of New Zealand

  • Books and book chapters

    • New Zealand Judicial Review Handbook (2 ed., 2016).

    • “The Right to a Fair Trial” (jointly with Kris Gledhill), in International Human Rights Law in Aotearoa New Zealand (2017)

    • “Barristers Sole”, in Professional Responsibility in New Zealand (online; 2020 update)

      Seminars and Conferences

    • “Judicial Review: Cases, Developments and their Implications” (presentation at Legalwise Seminar): July 2020

    • “Judicial Review: Case Law and Latest Updates” (presentation at Legalwise Seminar): February 2020

    • “Update on Recent Administrative Law Developments” (presentation to the Department of Conservation): March 2019

    • “Statutory Interpretation: Update on Recent Developments” (presentation at Legalwise Seminar): February 2019

    • “Judicial Review: Recent Decisions and Practical Implications” (presentation at Legalwise Seminar): September 2018

    • “Potential Impacts of Stage 2 of the Water Inquiry” (presentation at Environmental Law Conference): February 2018

    • “Judicial Review: Current Cases, Recent Trends and 2018 Outlook” (presentation at Legalwise Seminar): September 2017

    • “Administrative Law & Treaty jurisprudence update” (presentation to the Department of Conservation): May 2017

    • “Judicial Review: Current Cases, Recent Trends and 2017 Outlook” (presentation at Legalwise Seminar): September 2016

    • “The Impact of NZBORA on the Exercise of General Powers” (presentation to NZLS Wellington Branch CPD Event): May 2016

    • “Administrative law: Developments and trends” (presentation to the Department of Conservation): April 2016

    • Matthew was admitted to the Bar in 2007. He holds LLB (First Class Hons.) and BA (Political Studies) degrees from the University of Otago. Matthew also holds an LLM from Harvard Law School, where he was on a full scholarship as a Frank Knox Fellow.

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