Specialisations

Civil Appeals
Civil Litigation
Commercial Litigation
Coronial Inquests
Employment Law
Inquiry Work
Insurance
Professional Disciplinary Issues
Professional Negligence
Regulatory Prosecutions
Tort
Tribunals

Tim Mackenzie

027 276 1897

tim.mackenzie@canterburychambers.co.nz

PO Box 9344
Tower Junction
Christchurch 8149

Background

I was admitted in 2004. As a solicitor 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.

The work I like to do 

My litigation interests are general civil and commercial, professional negligence and discipline/tribunals, employment law, and regulatory criminal matters (particularly health and safety and transport/aviation). I also continue to appear in jury trial/Crimes Act criminal litigation.I have conducted dozens of trials and appeals as lead counsel across all of these jurisdictions.

My clients that I work for range from one off individuals and SMEs to listed companies and large insurers. I also regularly undertake independent work as amicus curiae, counsel assisting and standby counsel in civil, criminal and Coroners courts. I have conducted several independent inquiries and investigations in workplaces and governance situations.

I am experienced at mediation, having been involved in dozens of mediations from short two party disputes to days long mediation with 10+ parties. I can offer my services as a mediator to a range of different disputes. This can be conducted in person or electronically via internet based AVL (Skype/Zoom etc). I like to prepare thoroughly for a mediation, work with each party to identify how to resolve the dispute, and to engage with them and give a view as to potential outcomes in their dispute. Given the current Covid-19 crisis and flow on effect to an already stressed and delayed civil litigation system, I encourage parties to consider mediating their civil disputes. I can offer a range of economic pricing structures depending on the dispute.

Some cases that I have been counsel in

Civil/commercial litigation

  • Fraser v Tower Insurance Limited [2019] NZHC 2768 (as amicus curiae, costs jurisdiction of High Court after transfer to Canterbury Earthquakes Insurance Tribunal). Fraser
  • Waitaki District Council v Vickers [2019] NZHC 1723 (as amicus curiae, powers of District Court in a Dog Control Act appeal). Vickers
  • A C Rhodes Ltd v Bush Inn Shopping Centre Ltd. [2019] NZHC 877 (easement breaches, injunction). Bush Inn
  • Wiremu v Ashby [2019] NZHC 558 (for plaintiff, successful defamation trial, every statutory defence raised by defendant). 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 (for plaintiff, solicitors negligence summary judgment). MGL v Lane Neave
  • Te Mania Livestock Limited [2018] NZCCLR 3 (lengthy Companies Act/property law trial). TML
  • 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
  • McGuire v New Zealand Law Society [2015] NZCA 569 (for NZLS, procedures of Disciplinary Tribunal).  McGuire SC McGuire CA

Regulatory/criminal law

  • 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 (for defendant, 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
  • 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

Employment law 

  • Lyttelton Port Company Limited v Pender [2019] NZEmpC 86 (for plaintiff, CEA interpretation, good faith, promotion expectations, admissibility of evidence).  Pender
  • 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 memberships and appointments:

  • Amicus Curiae and standby counsel in civil, criminal and Coroners courts.
  • Litigation Skills faculty.
  • Lecturer, University of Canterbury law school, employment law paper.
  • Panel of Counsel Assisting, Royal Commission of Inquiry into Abuse in Care.
  • Litigation Committee, NZLS Canterbury-Westland branch.
  • Health and Safety Committee, ADLSI.
  • 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.