Barrister

Nick Whittington

Nick is a compelling courtroom advocate and an excellent strategic thinker.

Nick has a broad litigation and advisory practice in public (including judicial review), local government, regulatory, resource management, and commercial law.  He acts for central and local government entities, private entities, and individuals.  He is available for cases up and down New Zealand.

Nick has particular interest and expertise in law reform, and has assisted central government agencies to guide and prepare for proposed law reform and policy development.  He is Deputy Convenor of the New Zealand Law Society’s Law Reform Committee.

Before joining the independent bar, Nick was a partner at Meredith Connell.  As a criminal jury trial prosecutor, Nick led High Court and District Court jury trials. He continues to both prosecute and defend regulatory enforcement proceedings.  He has extensive experience in leading evidence and cross-examination in civil and criminal cases in the High Court and District Court. 

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Memberships

  • New Zealand Law Society
  • Deputy Convenor of the New Zealand Law Society’s Law Reform Committee
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Qualifications

  • LLB (Hons) / BA, Victoria University of Wellington
  • LLM, University of Cambridge
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Publications

  • Co-author of Mahoney on Evidence (second edition forthcoming).

Practice areas

  • Public and administrative law
  • Judicial review
  • Local government
  • Resource management
  • Regulatory enforcement
  • Civil and commercial

Notable Cases

  • Lagolago v Judicial Conduct Commissioner [2021] NZHC 3413
  • Enterprise Miramar Peninsula Inc v Wellington City Council [2021] NZHC 549
  • Enterprise Miramar Peninsula Inc v Wellington City Council [2018] NZCA 514
  • Ayrburn Farm Developments Limited v Queenstown Lakes District Council [2016] NZHC 997
  • Kumar v Minister of Immigration [2015] NZHC 2500
  • Kawarau Jet Services Holdings Ltd v Queenstown Lakes District Council [2015] NZHC 2343
  • Northlake Investments Limited v Queenstown Lakes District Council [2014] NZHC 2593
  • Wānaka Stakeholders Group Inc v Queenstown Lakes District Council [2021] NZHC 852
  • Vipassana Foundation Charitable Trust Board v Auckland Council [2019] NZSC 73, [2019] NZCA 100
  • Island Bay Residents Association v Wellington City Council [2019] NZHC 1240
  • Ngāti Whatua Orākei Trust v Attorney-General [2018] NZSC 24
  • Wright v Attorney-General [2016] NZCA 593, [2015] NZHC 3367
  • Wright v Independent Police Conduct Authority [2015] NZHC 1821
  • Fu v Chief Executive, MBIE [2014] NZHC 3346
  • Kim v Prison Manager, Mt Eden Corrections Facility [2014] NZHC 3152
  • Goodwin v Wellington City Council [2021] NZEnvC 28, [2021] NZEnvC 9
  • Trojan Holdings Limited v Queenstown Lakes District Council [2020] NZEnvC 79
  • Speargrass Holdings Limited v van Brandenburg [2019] NZCA 564
  • Aspros v Wellington City Council [2019] NZHC 1684
  • Hollander v Auckland Council [2017] NZHC 2487
  • Duggan v Auckland Council [2017] NZHC 2138
  • Nash v Queenstown Lakes District Council [2015] NZHC 1041
  • Wellington City Council v Scoter Ventures Limited and Lakhi Maa Limited [2021] NZHC 3443
  • Wellington City Council v PLS Consulting Limited [2021] NZDC 12506
  • Otago Regional Council v Queenstown Lakes District Council [2019] NZDC 832
  • National Institute of Water and Atmospheric Research Limited v Trustees of the Shallard Family (No 2) Trust [2019] NZHC 749
  • Hugh Green Ltd v Auckland Council [2018] NZHC 2916, [2019] NZHC 635
  • Plaza Investments Limited v Queenstown Lakes District Council [2018] NZHC 1925
  • Minister of Education v IT Architects Limited [2014] NZHC 1541
  • Strategic Finance Limited (in rec and liq) v Bridgman [2013] NZCA 357
  • Langford v New Zealand Police [2015] NZHC 2424, [2014] NZHC 2214
  • R v L [2014] NZHC 1229 (New Zealand’s first prosecution for making an intimate visual recording without consent)

Notable Experience

Nick was appointed as counsel assisting Te Kōmihana Uiui a te Whakaeke Kaiwhakatuma i ngā Whare Kōrana o Ōtautahi i te 15 o Poutu-te-Rangi 2019, the Royal Commission of Inquiry into the Terrorist Attack on Christchurch Masjidain on 15 March 2019.  He has also been appointed as amicus curiae by the Court of Appeal.

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