Anne Toohey KC

Anne is an experienced trial lawyer with a broad practice that includes extradition, regulatory work, civil litigation, Commissions of Inquiry, coronial inquests, reviews, independent investigations and employment law.
Anne acts in serious criminal trials including serious fraud and murder, both for the prosecution and defence. Anne has conducted 45 appeals in the Court of Appeal.

As a civil litigator Anne is sought after for her advocacy skills, and has experience in judicial reviews, High Court litigation and employment cases.

In 2018 Anne graduated from the Association of Workplace Investigators’ Training Institute and has a particular interest in conducting workplace investigations and reviews.

Anne was admitted to the Bar in 1996 and became a barrister in 2014. Anne has worked throughout her career in civil and employment litigation. She was a Crown prosecutor and civil litigator at Raymond Donnelly and Co in Christchurch from 2000 – 2011, and a Crown counsel at the Crown Law Office between 2011 and 2013.

Expertise

  • Competition and Fair Trading
  • Contract, Civil and Commercial Disputes
  • Criminal Law, including Serious Fraud
  • Employment
  • Inquiries
  • Insurance
  • Investigations
  • Judicial Review and Public Law

Case Highlights

Inquiries into the deaths of 51 people in relation to the 15 March 2019 Christchurch Masjidain Attack CSU-2019-CCH-165
Initially appointed on the recommendation of the Chief Coroner to a panel of counsel to assist families of victims of the Christchurch terror attack; appeared for four interested parties at the seven week Inquest before the Deputy Chief Coroner in Christchurch from October to December 2023.

R v Dickason, High Court Christchurch
Co-counsel with Kerryn Beaton for a South African doctor and mother who killed her three children shortly after immigrating to New Zealand and was tried on three counts of murder in July and August 2023. The issues at trial were whether the Crown could disprove the partial defence of infanticide, and/or whether the defence could prove that Mrs Dickason was insane at the time that she killed her three children.

R v Gallagher and Nikoloff [2023] NZHC 1770
Lead counsel for the Crown at the trial of two defendants charged by the Serious Fraud Office with corruption in relation to their employment with the Canterbury Earthquake Recovery Authority, which was a case of public interest in Christchurch. The five week trial took place in February and March 2023. The defendants were both convicted.

R v Goel and Others [2022] NZHC 1303
Prosecuted as lead counsel four defendants following an investigation by the Serious Fraud Office in an eight and a half week High Court jury trial. Three of the defendants were convicted of corruption, including a local government official. Appeared for the Crown in six pre-trial arguments in the High Court, and in the Court of Appeal with respect to a pre-trial appeal.

Royal Commission of Inquiry into Abuse in Care
Appointed by the Solicitor-General as senior counsel assisting the Inquiry since October 2019. Led the two-week hearing in May 2021 concerning abuse in State residential care and in August 2022 appeared at the three week Institutional Response hearing in both an oversight role, and as counsel questioning government Chief Executives and the Public Service Commissioner as to evidence gathered by the Inquiry.

Wedgewood v R [2022] NZCA 42
Appointed by the Court of Appeal to assist an appellant to advance any tenable grounds of appeal against a lower Court’s refusal to grant name suppression.

Van der Krogt v R [2021] NZCA 436; [2020] NZCA 512
Successfully acted for the appellant in an appeal against conviction and a 15-year sentence for charges of historic sexual offending. Subsequently acted in a successful District Court application to exclude the appellant’s statement to Police, and again in the Court of Appeal in 2021 with respect to the Crown’s appeal against that determination.

Minister of Immigration v Q [2020] NZCA 288
Appointed by the Court of Appeal as Contradictor with respect to an issue of public importance, heard by the permanent Court of Appeal. The issue was the correct interpretation of the humanitarian test in the Immigration Act 2009, and specifically whether absence of fault may be taken into account when considering relief from liability for deportation on humanitarian grounds.

JCE v Chief Executive of the Department of Corrections [2020] NZEmpC 46; (2020) 10 NZELC 79-123; [2020] ERNZ 92
Appeared for an employee in this successful appeal which set a precedent in relation to the obligation of an employer to protect an employee from psychological harm as a result of a traumatic incident – in this case an assault. The Employment Court increased the compensatory remedy by over 100% and clarified the law in this area. This case is listed as a decision of public interest on the Employment Court website.

Z v Dental Complaints Assessment Committee [2009] 1 NZLR 1 (SCNZ)
Appeared as second counsel in the Supreme Court in this landmark case that set a precedent for the standard of proof in prosecutions on behalf of all disciplinary bodies; also appeared as second counsel in the Court of Appeal (Z v CAC [2008] 1 NZLR 665).

Memberships

New Zealand Bar Association
New Zealand Law Society
Canterbury Women Lawyers’ Association
Australasian Association of Workplace Investigators