Victoria Heine

KC
Written By Phil Houghton

Victoria has more than 25 years' experience in litigation across a broad range of commercial areas, including contracts, equity, infrastructure and tax. She has led successful cases for a diverse range of clients, including large corporates, state sector agencies, public interest groups, and individuals.

Many of the cases she has worked on are high-profile and complex. A number have been in new or evolving areas of law, where she has consistently demonstrated her ability to quickly appraise, articulate and apply new and/or untested legal concepts.

Prior to joining the Bar, Victoria was a partner at Chapman Tripp. During that time she served as Board Chair and Deputy Chair and played a pivotal role driving culture change, particularly in issues facing women in the workplace.

Victoria joined Thorndon Chambers in 2018, and was appointed a Queen’s Counsel in 2021.

Victoria is an approved legal aid provider for civil litigation and for appeals to the Court of Appeal and Supreme Court. She is authorised by the New Zealand Law Society to take direct instructions in appropriate cases.

  • Commercial

    • Counsel for Kainga Ora in the case brought against it by Winton alleging breach of section 36 of the Commerce Act 1986.

    • Lead counsel for the New Zealand Commerce Commission in the case brought against Bachcare relating to alleged unfair contract terms.

    • Lead counsel for First Gas NZ Limited in the appeal brought by the Major Gas Users’ Group Incorporated under Part 4 of the Commerce Act, regarding the treatment of transmission and distribution assets in the input methodology and default price path. This case will be heard in October 2023.

    • Lead counsel in complex litigation arising from the proposed development of Shelly Bay in Wellington. I acted for kaumātua and other iwi members of Taranaki Whānui ki Te Upoko o Te Ika, who are seeking recovery of land at Shelly Bay that was sold to a developer.

    • Counsel for Chorus New Zealand Limited in the litigation brought by Creative Development Solutions Limited alleging breach of a non‑disclosure agreement — Creative Development Solutions Ltd v Chorus New Zealand Ltd [2019] NZHC 2959 and [2021] NZCA 178.

    • Lead counsel for Z Energy Limited in its contractual dispute with Air New Zealand over losses incurred by the airline following the Refinery to Auckland Pipeline outage — Air New Zealand Ltd v BP Oil New Zealand Ltd & Z Energy Ltd & Z Energy 2015 Ltd [2019] NZHC 1187.

      Public/Administrative Law

    • Lead counsel for Auckland Transport in successfully defending the challenge brought by All Aboard Aotearoa to the Auckland Regional Land Transport Plan — All Aboard Aotearoa Inc v Auckland Transport & Auckland Council [2022] NZHC 1620. All Aboard has appealed this decision.

    • Lead counsel for Waka Kotahi/New Zealand Transport Agency in successfully defending the challenge brought by Movement alleging that the decision to adopt the National Land Transport Plan was unlawful because of the way in which the Plan dealt with emission reductions — Movement v Waka Kotahi & Minister of Transport [2023] NZHC 342.

    • Lead counsel for the Environmental Protection Authority in successfully defending the challenge brought by public interest groups alleging that the marine dumping consent granted to Ports of Auckland Limited was unlawful — Protect Aotea/Protect Our Gulf v Environmental Protection Authority & Ports of Auckland [2022] NZHC 1689.

    • Lead counsel for iwi caregivers in successfully bringing a case in negligence and breach of natural justice against Oranga Tamariki — X & Y v Chief Executive of Oranga Tamariki [2022] NZCA 622.

    • Counsel for Guardians of New Zealand Superannuation in successfully defending the challenge brought by activists to the lawfulness of certain investments in Western Sahara — Mohamed & Barton v Guardians of New Zealand Superannuation & Fertiliser Association of New Zealand Inc [2021] NZHC 512, [2021] 2 NZLR 612.

    • Lead counsel for Wellington International Airport Limited in a case brought by the New Zealand Air Line Pilots’ Association regarding the proposed $350 million Wellington Airport Extension — New Zealand Airline Pilots’ Association Industrial Union of Workers Inc v Director of Civil Aviation & Wellington International Airport Ltd [2016] NZHC 1528 and [2017] NZCA 27, [2017] 3 NZLR 1.

      Environmental

    • Counsel for Wellington International Airport Limited in the Environment Court appeal brought against the Airport’s designation over the Miramar Golf Club site. The appeal related principally to the impact of climate change on demand for air travel.

    • Counsel for Glenpanel Development Limited in an appeal to the High Court from a fast-track consenting panel. Decision pending.

      Other

    • Conducted an independent inquiry for the Department of Corrections into the circumstances surrounding the release of Joseph Brider.

    • Represented the Office of Children’s Commissioner in the Royal Inquiry into Abuse in State Care.

    • Victoria joined Thorndon Chambers in April 2018, after 13 years as senior litigation partner at Chapman Tripp.

    • I publish regularly and frequently present at conferences and seminars.

    • LLM, University of Chicago Law School

    • LLB Hons (First Class), Victoria University of Wellington

    • BSc (Biochemistry), Victoria University of Wellington,

    • Fulbright Scholar, University Senior Scholar, other scholarships and awards

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