Kristy McDonald ONZM KC
Kristy is one of New Zealand’s senior barristers and a King’s Counsel.
She has wide experience as a litigation lawyer, with particular expertise in public and administrative law, as well as general civil and criminal litigation.
Kristy has been involved in a range of sensitive litigation which has required detailed assessment of strategic and political implications.
As well as her litigation experience Kristy has been involved in many public inquiries and investigations covering a range of areas including national disasters, military and police, workplace conduct, structural reviews and procurement and financial management.
Kristy is also an experienced director and has held a number of governance roles. She regularly advises on organisational and corporate governance and undertakes workplace reviews.
In 1999 Kristy was appointed a Queen’s Counsel. In 2019 she was made an Officer of the New Zealand Order of Merit in recognition of her experience and contribution to the law and to corporate governance.
Kristy is practical and strategic in the advice she provides. She is a strong and direct advocate and is effective in negotiation and management of difficult and sensitive legal situations.
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Kristy provides advice and representation across a wide range of areas including civil, commercial, administrative, regulatory and criminal law.
Highlights include:
Providing legal and strategic advice and undertaking litigation for private and corporate clients and for the Crown.
Undertaking a wide range of significant civil, regulatory and criminal trials including systematic negligence, Bill of Rights, Constitutional/public, health and safety, Customs and Fisheries.
Representing the Crown in the civil proceeding brought by Kim Dotcom in the High Court and Court of Appeal.
Representing the Minister of Justice in the Judicial Review proceedings issued by David Bain.
Providing independent oversight to the criminal investigation into the GCSB.
Representing the Financial Markets Authority in complex civil proceedings arising from the collapse of Hanover Finance Limited (and related proceedings).
Representing the Crown in historic civil abuse cases.
Conducting commercial negotiations with the Mexican Government in relation to export and international customs/tariff issues.
Assisting the Office of Auditor General in inquiries and reviews and representing the OAG in High Court in proceedings brought by the Gama Foundation in relation to the Covid wage subsidy scheme (Gama Foundation v Controller and Auditor General of NZ [2024] NZHC 2735).
Appearing in the Privy Council in civil proceeding (B v Attorney General [1999] 2 NZLR 296: [2003] UKPC 61 (PC), negligence/damages claim).
Providing advice to TVNZ and the Minister of Finance in relation to the restructuring of TVNZ as a Crown Company.
Representing the Crown in damages litigation initiated by a group of former Police officers.
Representing the Crown in the Court of Appeal in Attorney General v B [2002] NZAR 809 a decision dealing with the availability of compensation for psychological injury.
Representing the Crown in a malicious prosecution civil trial (Withey v Attorney-General, CP10/95, 19/8/1998) and subsequent appeal to the Court of Appeal (Attorney-General v Withey CA 211/98 20/7/1999).
Representing the Chair of the Waitangi Tribunal in Judicial Review proceedings issued by Ngai Tahu involving significant public law and constitutional issues.
Appearing in the Court of Appeal in the landmark case of New Zealand Māori Council v Attorney General (“Lands”) [1987] 1 NZLR 641; and in the Privy Council with the Solicitor-General in New Zealand Māori Council v Attorney General (Broadcasting Assets) [1992] 2 NZLR 576 (CA) [1994] 1 NZLR 513 (PC).
Representing Worksafe in a number of matters including the recent Whakaari/ White Island health and safety prosecution and appeal: Worksafe New Zealand v Whakaari Management Limited, White Island Tours and others [2024] NZDC 4119.
Acted as amicus curiae.
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Kristy regularly provides legal and strategic advice and representation to government agencies and private clients in relation to regulatory and public law matters.
Highlights include:
acting in professional disciplinary matters across a range of professions
appearing in administrative tribunals
appearing at select committee hearings
advising and representing private clients in relation to health and safety matters
representing Worksafe NZ in relation to the Whakaari/White Island prosecution (see litigation and advice)
undertaking corporate reviews ( see reviews and inquiries)
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Highlights include:
Acting in the third R v Barlow murder trial.
Counsel at the inquest into the fatal shooting of Steven Wallace.
Counsel in numerous serious fraud trials, including Student Loans, Bradley Ponzi scheme, Ross Asset Management (SFO and FMA)'
Representing the Serious Fraud Office in the Court of Appeal in relation to search warrant and Bill of Rights issues (A Firm of Solicitors v District Court at Auckland [2006] 1 NZLR, 586 (CA)).
Leading the criminal prosecution into the Whakaari- White Island health and safety prosecution in 2023-2024
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Highlights include:
Counsel Assisting the Royal Commission of Inquiry COVID-19 Lessons Learned (Phase Two).
Counsel Assisting the Government Inquiry into Operation Burnham, a NZ Defence Force operation in Afghanistan.
Representing the Police in the Government Inquiry into the appointment of senior Police personnel.
Conducting an inquiry into NZ Transport Association (structural and organisational review).
Representing the Crown in the Royal Commission of Inquiry into the Pike River Mining disaster.
Representing the Police in the Commission of Inquiry into Police Conduct (the Bazley Inquiry).
Counsel Assisting the Chief Justice Inquiry into the Peter Ellis matter.
Representing the Ministry of Fisheries in the State Services Commission Fisheries Inquiry (Scampi).
Counsel Assisting the Independent Police Conduct Authority in relation to historic child abuse cases.
Conducting a Ministerial Review of the Psychologists Act (the McDonald Inquiry).
Counsel Assisting the Commission of Inquiry into the Foxpine air disaster.
Undertaking sexual harassment inquiries on behalf of corporate clients and government agencies
Providing advice to inquiries into alleged activities of Ministers of the Crown and investigations of senior public servants.
Reviewing petitions for the exercise of the Royal Prerogative of Mercy and providing advice to the Attorney General on the grant of legal aid to the Privy Council.
Conducting reviews for the Minister of Justice into the compensation claims following wrongful convictions.
Participating in Ministerial Inquiries into leaking of confidential government information and breaches of privacy.
Appointed by the Minister of Commerce to undertake a review into matters relating to the financial sector.
Undertaking an inquiry into the use of vertebrate toxic agents on behalf of the Environmental Protection Authority
Appointed as Police Disciplinary Tribunal and assisting with the review of the Cook Islands National Police Department.
Leading the MPI Deemed Value Working Group (fisheries Quota Management System)
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Current
Chair - Kiwifruit New Zealand
Chair - Wairarapa Building Society
Member - NZ Markets Disciplinary Tribunal
Previous
Director - ACC
Director - TAB
Chair - ACC Remuneration & Governance Committee
Chair - MSD Audit and Risk Committee
Chair - Real Estate Agents Authority
Chair - Judicial Control Authority for Racing
Chair - Racing Integrity Board
Member - Ministry of Health Audit and Risk Committee.
Deputy Chair - Electoral Commission
Chair - Mental Health Review Tribunal
participating in NZLS seminars, in particular:
Presenter for the NZLS Seminar on Professional Ethics in 1990. Kristy was appointed to the NZ Law Society Ethics Committee in 1986 and served on that Committee for nine years, including as chair (1995–1996).
Member of the NZLS Privacy Committeeworking party (1995–1996).
Member of the NZLS faculty for its Litigation Skills Programme.
Presenter for the NZLS Criminal Law Litigation symposium (1995, 2004).
Presenter for the NZLS seminar on Employment Law, (2016).
Kristy has given lectures to a range of professional organisations and government agencies. She has also presented on public inquiries to the Victoria University LLM course.
Kristy was appointed Patron of the NZ Police Wing 273 in 2012.
Practice areas
Qualifications
BA/LLB University of Otago
LLM (Hons) University of Canterbury
Professional memberships
New Zealand Law Society
New Zealand Bar Association
New Zealand Institute of Directors