Specialisations

Civil Appeals
Civil Litigation
Commercial Litigation
Coronial Inquests
Criminal & Fraud Trials
Employment Law
Health & Safety
Inquiry Work
Insurance
Professional Disciplinary Issues
Professional Negligence
Regulatory Prosecutions
Tort
Tribunals

Tim Mackenzie

027 276 1897

tim.mackenzie@canterburychambers.co.nz

PO Box 44
Christchurch 8140

Background

I was admitted in 2004. I have worked across a range of litigation disciplines in a national litigation firm and as a Crown Prosecutor. I joined the bar in 2015 and continue to enjoy a varied practice.

The work I like to do 

My main litigation interests are general civil and commercial, professional negligence and discipline, employment law, and regulatory/criminal matters (particularly health and safety and transport/aviation). I have conducted dozens of trials and appeals as lead counsel across all of these jurisdictions.

The clients that I work with cover a full spectrum, from one off assistance for individuals and SMEs, through to ongoing work with councils, listed companies and large insurers.

I regularly undertake independent work as amicus curiae, counsel assisting and standby counsel in civil, criminal and Coroners courts.

As an investigator I conduct independent inquiries and investigations in workplace and governance situations.

I am available to take instructions across New Zealand.

Civil/commercial litigation cases

  • Summerset Villages (Richmond) Limited v Vilma Flanagan [2023] NZDC 17450 (successful opposition to appeal regarding Retirement Villages Act jurisdiction) Summerset
  • Action Helicopters Limited v Van Asch Ventures Limited [2023] NZHC 1623 (successful claim for relief from lease cancellation) Action Helicopters Limited
  • Meates v Topliss (2021) 22 NZCPR 590 (successful claim for specific performance of verbal agreement to sell property) Meates
  • Fraser v Tower Insurance Limited [2019] NZHC 2768 (as amicus curiae, costs jurisdiction of High Court) Fraser
  • Wiremu v Ashby [2019] NZHC 558 (successful defamation trial for plaintiff) Wiremu v Ashby
  • McGuire v Secretary for Justice [2018] NZSC 116, [2019] 1 NZLR 335, (2018) 24 PRNZ 350 (as second counsel for NZ Bar association, whether lay litigants, lawyer lay litigants and in house counsel should receive costs awards in civil proceedings) McGuire SC
  • McRaeway Group Limited v Lane Neave  [2017] NZHC 1138 (successful solicitors negligence) MGL v Lane Neave
  • Te Mania Livestock Limited [2018] NZCCLR 3 (successful defence in lengthy Companies Act/property law trial) TML

Regulatory, criminal and administrative law

  • Grunfeld v Team Up Events Limited [2023] NZDC 4475 (successful private prosecution through trial of a HSWA charge) Grunfeld
  • van der Haven v NZ Customs Service [2022] NZHC 670 (plea of previous conviction, principle of ascending scale) Van der Haven v New Zealand Customs Service
  • Southern Pallet Recycling Limited v WorkSafe [2022] NZHC 1042 (application of Officially Induced Error of Law as a ground for a stay) SPR v WorkSafe
  • Trent v Canterbury Regional Council (2021) 22 ELRNZ (Court of Appeal decision on RMA sentencing of individuals vs companies) Trent v CRC
  • Stumpmaster v WorkSafe NZ [2018] 3 NZLR 881, (2018) 15 NZELR 1100 (for appellant, first/guideline sentencing appeal under new Health and Safety act, full court) Stumpmaster v Worksafe New Zealand
  • NZTA v Gabani [2018] DCR 502 (application of special plea of previous conviction against a previous infringement) Gabani DCR
  • WorkSafe NZ v Rangiora Carpets Limited [2018] DCR 276 (for defendant, second sentencing under new HS act, attempts at re-banding) Rangiora
  • McGuire v New Zealand Law Society [2015] NZCA 569 (for NZLS, procedures of Disciplinary Tribunal).  McGuire SC McGuire CA
  • Jones v WorkSafe New Zealand (2015) 12 NZELR 704 (for appellant, relevance of WorkSafe guidelines). Jones v Worksafe New Zealand
  • Creeggan v New Zealand Defence Force (for private prosecutor, private HSE prosecution). NZDF
  • Civil Aviation Authority v Griffiths [2010] DCR 169 (for CAA, dishonesty tests). Civil Aviation Authority v Griffiths
  • Queenstown Lakes District Licensing Inspector v Turnbull Group Ltd [2011] NZAR 554 (for Inspector, point of law appeal). Queenstown Lakes District Licensing Agency Inspector v Turnbull Group Ltd
  • CH & DL Properties Ltd v Christchurch District Licensing Agency (2010) 20 PRNZ 680 (for Inspector, fresh evidence on point of law appeal).  CH DL

Employment law

  • Wanaka Pharmacy Limited v McKay [2021] 22 ELRNZ 467 (holiday claim by ex spouse, calculation, evidence, interest) Wanaka Pharmacy
  • Lyttelton Port Company Limited v Pender [2019] ERNZ 224, (2019) NZELR 819 (for plaintiff, CEA interpretation, good faith, promotion expectations, admissibility of evidence).  Pender 2019_ERNZ_224
  • Lyttelton Port Company Limited v Arthurs (2018) 15 NZELR 624 (for plaintiff, medical incapacity termination issues). Lyttelton Port Co Ltd v Arthurs
  • Lim v Meadow Mushrooms Ltd (2015) 10 NZELC 79-060 (for defendant, approach to Challenges). Lim

Current or previous roles, memberships and appointments:

  • Member, Lawyers and Conveyancers Disciplinary Tribunal
  • Deputy Chair, New Zealand Teachers Disciplinary Tribunal
  • Litigation Skills faculty member
  • Lecturer, University of Canterbury law school, employment law paper
  • Counsel Assisting, Royal Commission of Inquiry into Abuse in Care
  • Christchurch Crown Solicitor’s prosecution panel
  • Volunteer lawyer, Community Law Canterbury
  • Senior Crown Prosecutor
  • Level 4 provider Legal Services Agency

Outside of work I enjoy spending time with my young family and dogs, mountain biking, skiing, boating and travelling.

Client Care Information can be found here: Client Information