Andrew Butler
Andrew Butler is a seasoned litigator, with extensive appellate, trial and ADR experience. His portfolio demonstrates the extent to which clients have entrusted him with milestone and mission-critical matters; the significance of his work is reflected in the number of reported judgments in which he has appeared.
While he is a general litigator, he is an acknowledged expert in commercial, trusts and public law. Much of his work has an international dimension. His advice is concise, common sense and practical, informed by a deep understanding of the client’s key drivers.
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Andrew is a highly experienced appellate advocate with frequent appearances before the New Zealand Supreme Court and Court of Appeal. A sample of appearances is set out below.
Appellate experience: Supreme Court
Smith v Fonterra (whether New Zealand companies liable under tort law for contributions to greenhouse gases; senior counsel for Human Rights Commission as intervenor).
Mead v Paul (whether relationship property regime can apply to persons in polyamorous relationship; co-counsel for appellant).
Moncrief-Spittle v Regional Facilities Auckland Ltd (whether cancellation of controversial speaker event unlawful; co-counsel for event facility).
Fitzgerald v The Queen [2021] NZSC 131 (whether the three-strikes sentencing regime should be read down to avoid breaching s9 NZ Bill of Rights (disproportionately severe punishment; Supreme Court set out correct approach to s6 NZ Bill of Rights; senior counsel for Human Rights Commission).
TUV v Chief of New Zealand Defence Force [2022] NZSC 69 (whether the rule in O’Connor v Hart – that a contract can only be set aside for mental incapacity if the other party knew of it – applies to the settlement of an employment dispute; co-counsel for appellant).
Kim v Minister of Justice [2021] NZSC 57 (extradition request from Peoples Republic of China; impact of human rights considerations on considerations that Minister must take into account; senior counsel for Human Rights Commission as intervenor).
Attorney-General v Taylor [2018] NZSC 104, [2019] 1 NZLR 213 (whether New Zealand courts have the constitutional power to issue declarations of inconsistency under the New Zealand Bill of Rights Act 1990; senior counsel for Human Rights Commission intervenor).
Brown v NZ Basing Ltd [2017] NZSC 139, [2018] 1 NZLR 245 (whether Hong Kong law governed pilots' employment contract excluded age discrimination provisions of New Zealand Human Rights Act 1993; senior counsel for Human Rights Commission, intervenor).
J (SC 93/2016) v ACC [2017] NZSC 3 (Supreme Court's jurisdiction to hear ACC appeals; lead counsel for ACC).
Co-counsel for the trustees in Clayton v Clayton [Vaughan Road] [2016] 1 NZLR 551 and Clayton v Clayton [Claymark] [2016] 1 NZLR 590 (the leading decisions on several aspects of trusts law including the treatment of trusts under relationship property legislation, powers, nuptial settlements, sham trusts; co-counsel for the trustees. These decisions are well-known to Commonwealth trust lawyers and widely discussed.)
Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737 (principles to be applied to security for costs on appeals to Court of Appeal; appointed amicus curiae by Supreme Court).
Environmental Defence Society Inc v NZ King Salmon [2014] NZSC 38, [2014] 1 NZLR 593 and Sustain Our Sounds Inc v NZ King Salmon [2014] NZSC 40, [2014] 1 NZLR 673 (Supreme Court's leading decisions on proper interpretation of Resource Management Act 1991; counsel for NZKS).
Vector v Commerce Commission [2013] 2 NZLR 445 (challenge to Commerce Commission's starting price reset for electricity lines input methodologies; counsel for Vector).
Westpac Banking Corporation v Commissioner of Inland Revenue [2008] 2 NZLR 709 (tax avoidance / discovery / relevance; counsel for BNZ).
Brown v Attorney-General [2005] NZSC 59, (2005) 8 HRNZ 1 (compensation for failure to approve legal aid to test Crown evidence that led to conviction and imprisonment; leave application).
Attorney-General v Zaoui [2005] NZSC 38, [2006] 1 NZLR 289 (interface between Immigration Act provisions on refugee status and national security threat; Crown counsel).
Morgan v Superintendent, Rimutaka Prison [2005] NZSC 26, [2005] 3 NZLR 1 (calculation of prisoner's release date; senior Crown counsel).
Appellate experience: Court of Appeal (sample only)
IDEA Services Ltd v Attorney General [2022] NZCA 470 (successful judicial review of COVID-19 measure created using Henry VIII clause; senior counsel for IDEA).
Ford v Board of Trustees [2021] NZCA 363 (first judicial review of school board decision to revoke out-of-zone student enrolment; counsel for successful applicant).
McCallum v McCallum [2021] NZCA 237 (leading judgment on availability of Beddoe orders in trust litigation; counsel for trustees).
Dyer v Gardiner [2020] NZCA 385 (important judgment on aspects of the law related to relationship property and trusts; co-counsel for the trustees).
Zhang v The Queen [2019] NZCA 507, [2019] 3 NZLR 648 (revisiting the guideline judgment on drug sentencing; appeared for intervenor, Human Rights Commission).
NZME v Commerce Commission [2018] NZCA 389, [2017] NZHC 386 (merger application between New Zealand's two largest online and print media organisations; unsuccessful appeals to Court of Appeal and High Court; counsel for NZME and Stuff).
Queenstown Airport Corp Ltd v Commissioner of Inland Revenue [2017] NZCA 20, [2017] 2 NZLR 811 (unsuccessful challenge to non-deductibility of airport runway safety area; counsel for Queenstown Airport (Court of Appeal only)).
Attorney-General v Spencer [2015] NZCA 143, [2015] 3 NZLR 449 (successful challenge to decision not to accept funding application for parent caregiver; counsel for intervenor Human Rights Commission).
Pullington Investments Ltd v Kaiwarua-Ealing Ltd [2013] NZCA 163 (farm partnership/dispute about pre-emptive rights; farm value in excess of $50 million; counsel for successful parties).
Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (family status discrimination; refusal of funding for parent caregivers of adult disabled children; counsel for the intervenor, Human Rights Commission).
Trial experience
Post Primary Teachers Association v Attorney-General [2019] NZEmpC (pay equity / equal pay: first case to proceed to trial before Employment Court to determine whether pay practice breaches equal pay / pay equity provisions of New Zealand law).
Spencer v Ministry of Health [2016] NZHC 1650, [2016] 3 NZLR 513 (damages for unlawful discrimination; 5-day trial).
E-Trans International Finance Ltd v Kiwibank Ltd [2016] NZHC 1031, [2016] 3 NZLR 241 (closure of bank accounts of money transfer operator; contract / competition law; 9-day trial).
Seales v Attorney-General [2015] NZHC 1239, [2015] 3 NZLR 556 (legality of medically assisted dying; 3-day trial).
Pullington Investments Ltd v Kaiwarua-Ealing Ltd [2012] NZHC 2226 (appeal – [2013] NZCA 163) (partnership dispute; 2-day trial).
In re Forresters Nominee Co Ltd [2012] NZHC 1216 (investment scheme distribution; 2-day trial).
IDEA Services v Attorney-General [2011] NZHRRT 11 (unlawful discrimination; 8-day trial) (appeal – Attorney-General v IDEA Services [2013] 2 NZLR 512).
PAE (New Zealand) Ltd v Brosnahan CIV 2005-485-843, 10 September 2008 (appeal – [2009] NZCA 611, (2009) 12 TCLR 626) (breach of contract / misrepresentation; 8-day trial).
BNZ Investments Ltd v Commissioner of Inland Revenue (2009) 24 NZTC 23,582 (cross border conduit transactions / tax avoidance; 11-week trial).
Trusts and equity
Andrew is an acknowledged expert in the law of trusts and equity. He is the general editor of the leading New Zealand text, Equity and Trusts in New Zealand (2nd ed) (Thomson Reuters, 2009) which is regularly cited by all levels of New Zealand Courts. He is co-author of the New Zealand chapter in International Trust Disputes (2nd ed) (Oxford University Press, 2020) edited by Kempster, McMillan and Meek. He regularly provides opinions on trusts-related issues and has extensive trial and appellate trusts-related litigation experience. New Zealand-based trusts are popular vehicles for the holding of offshore wealth, particularly for high net worth individuals and families. Andrew has regularly advised on the establishment and operation of such structures.
Highlights of Andrew’s trusts and equity-related litigation include:
McCallum v McCallum [2021] NZCA 237 (leading judgment on availability of, and criteria that apply to, Beddoe orders; senior counsel for trustees).
Dyer v Gardiner [2020] NZCA 385 (use of Property (Relationships) Act 1976 and Family Proceedings Act 1980 to reach into assets settled on pre-nuptial trust; senior counsel for trustees).
In re The New Zealand Guardian Trust Company Limited [2019] NZHC 2548 (court approval sought for transfer of private client business of NZGT to sister trustee company Perpetual Trust Ltd; appointed as amicus curiae to opine on the proposal)
Ivanishvili v Credit Suisse [2018] NZHC 1755 (claim for constructive trust in respect of alleged loss in value of trust investments due to alleged fraud committed by bank employee; hundreds of millions of dollars of alleged losses; successful protest to jurisdiction; consideration of Hague Convention on Trusts and constructive trust claims; counsel for Credit Suisse AG).
Clayton v Clayton [Vaughan Road] [2016] 1 NZLR 551 and Clayton v Clayton [Claymark] [2016] 1 NZLR 590 (leading decisions on several aspects of trusts law, including the treatment of trusts under relationship property legislation, powers, nuptial settlements, sham trusts and trust busting; co-counsel for the trustees).
Judicial review
Unison Networks v Solar City NZ Ltd [2017] NZHC 1343 (successful challenge to jurisdiction of the Ruling Panel established under the Electricity Industry Act 2010; counsel for Unison).
Ngāti Whātua o Ropu Limited Partnership v Attorney-General and Minister of Building and Housing CIV 2015-404-1459 (challenge to Minister's decision to use land subject to iwi's right of first refusal under Treaty settlement legislation for social and affordable housing purposes; settled; counsel for Ngāti Whātua o Ropu Limited Partnership).
Attorney-General v Spencer [2015] NZCA 143, [2015] 3 NZLR 449 (successful challenge to decision not to accept funding application for parent caregiver; counsel for intervenor Human Rights Commission).
Westpac Securities NZ Ltd v Commissioner of Inland Revenue [2014] NZHC 3377, (2014) 26 NZTC 21-118 (successful challenge to CIR's refusal to reopen taxpayer's tax assessment due to error; counsel for Westpac).
Vector v Commerce Commission CIV 2011-485-536 (and subsequent part appeals to Court of Appeal and Supreme Court) (partly successful challenge to Commerce Commission's interpretation of starting price adjustments for setting input methodologies for electricity lines and gas pipeline operations; counsel for Vector).
Commercial law
Commerce Act
NZME v Commerce Commission [2018] NZCA 389, [2017] NZHC 386 (merger application between New Zealand's two largest online and print media organisations; unsuccessful appeals to Court of Appeal and High Court; counsel for NZME and stuff).
E-Trans International Finance Ltd v Kiwibank Ltd [2016] NZHC 1031, [2016] 3 NZLR 241. ETrans International Finance Ltd v Kiwibank Ltd [2016] NZHC 1031, [2016] 3 NZLR 241 (closure of bank accounts of money transfer operator; contract / competition law; 9-day trial).
Vector Ltd v Commerce Commission [2013] NZHC 3289 (the so-called Input Methodologies appeals) (including earlier judicial review proceedings, Vector v Commerce Commission CIV 2011-485-536, 26 September 2011 and subsequent part appeals to the Court of Appeal and Supreme Court).
Tax
BNZ Investments Ltd v Commissioner of Inland Revenue (2009) 24 NZTC 23, 582 (HC) (including earlier interlocutory proceedings relating to discovery and trial matters and subsequent part appeals to Court of Appeal and Supreme Court) (unsuccessful challenge to CIR's assessment of cross-border conduit transactions on tax avoidance arrangements; hundreds of millions of dollars tax, penalties and interest in issue; counsel for BNZ).
Westpac Securities Ltd v Commissioner of Inland Revenue [2014] NZHC 3377, (2014) 26 NZTC 21, 118 (successful challenge to CIR's refusal to reopen taxpayer's tax assessment due to error; counsel for Westpac).
Queenstown Airport Corp Ltd v Commissioner of Inland Revenue [2017] NZCA 20, [2017] 2 NZLR 811 (unsuccessful challenge to non-deductibility of airport runway safety area; counsel for Queenstown Airport (Court of Appeal only)).
Energy
Unison Networks v Solar City NZ Ltd [2017] NZHC 1343 (successful challenge to jurisdiction of the Ruling Panel established under the Electricity Industry Act 2010; counsel for Unison).
Vector Ltd v Commerce Commission [2013] NZHC 3289 (the so-called Input Methodologies appeals) (including earlier judicial review proceedings, Vector v Commerce Commission CIV 2011-485-536, 26 September 2011 and subsequent part appeals to the Court of Appeal and Supreme Court).
GXL Royalties Ltd v Minister of Energy [2010] NZAR 518 (unsuccessful challenge to Minister's decision on exploration permit; counsel for GXL in Court of Appeal).
Banking
Representing Kiwibank in defence of the class action litigation brought by "Fair Play on Fees" over the charging of so-called "exception fees" (eg late payment fees, overlimit fees, etc) on credit contracts. Matter discontinued.
E-Trans International Finance Ltd v Kiwibank Ltd [2016] NZHC 1031, [2016] 3 NZLR 241 (closure of bank accounts of money transfer operator; contract/competition law; 9-day trial).
Westpac Securities NZ Ltd v Commissioner of Inland Revenue [2014] NZHC 3377, (2014) 26 NZTC 21-118 (successful challenge to CIR's refusal to reopen taxpayer's tax assessment due to error; counsel for Westpac).
Ivanishvili v Credit Suisse [2018] NZHC 1755 (claim for constructive trust in respect of alleged loss in value of trust investments due to alleged fraud; hundreds of millions of dollars of alleged losses; successful protest to jurisdiction; counsel for Credit Suisse AG).*
Fair Trading Act
PAE (New Zealand) Ltd v Brosnahan [2009] NZCA 611, (2009) 12 TCLR 626 (sale of business/alleged misrepresentations/intersection between Fair Trading Act and an "entire agreement" clause).
Zenith Corporation v Commerce Commission CRI 2006-404-245, 27 May 2008.
Public entity liability
Spencer v Ministry of Health [2016] NZHC 1650, [2016] 3 NZLR 513.
Attorney-General v Spencer [2015] NZCA 143, [2015] 3 NZLR 449.
Attorney-General v Body Corporate 200200 [2007] 1 NZLR 95 (leaky building/liability of industry regulator, Building Industry Authority; no duty; huge contingent liability if Crown appeal had not succeeded; counsel for Crown).*
Statutory management / insolvency
Re Strahl & Others [2021] NZHC 3608 (successful objection to methodoogy for allocating class action settlement sum).
Kiwi Internet Marketing Ltd v Trent [2017] NZHC 1374 (statutory demand/period to meet demand).
Simpson v Hubbard CIV-2010-476-581 31 August 2011.
Forresters Nominee Co Ltd v Hubbard Churcher Trust Management Ltd [2012] NZHC 1216.
Simpson v Hubbard [2012] NZHC 3020.
Partnership
Pullington Investments Ltd v Kaiwarua-Ealing Ltd [2013] NZCA 163 (farm partnership/dispute about pre-emptive rights; farm value in excess of $50 million; counsel for successful parties).
Public law
Andrew has deep experience in public law as a former academic active in that area and as a litigator both for and against the Crown. He has co-authored the leading text on the New Zealand Bill of Rights Act as well as two books with former Prime Minister of New Zealand, Sir Geoffrey Palmer, calling for the adoption of a written constitution for New Zealand.
His most recent high-profile assignment was as counsel assisting the Royal Commission into the terrorist attack on Christchurch Mosques on 15 March 2019, which presented its report to the Governor-General on 26 November 2020. The Royal Commission - chaired by Supreme Court judge, Sir William Young, and ex-diplomat, Jacqui Caine, was established to inquire into the actions of public sector agencies prior to the terrorist attack on two Christchurch masjidain on 15 March 2019 in which 51 people were murdered and more than 40 wounded.
Below is an outline of his public law litigation experience:
Human rights
Fitzgerald v The Queen [2021] NZSC 131 (whether the three-strikes sentencing regime should be read down to avoid breaching s9 NZ Bill of Rights (disproportionately severe punishment); Supreme Court set out correct approach to s6 NZ Bill of Rights; senior counsel for Human Rights Commission.
Attorney-General v Taylor [2018] NZSC 104, [2019] 1 NZLR 213 (disenfranchisement of serving prisoners/availability of declarations of inconsistency under the New Zealand Bill of Rights Act 1990, counsel for the intervenor, Human Rights Commission).
Brown v NZ Basing Ltd [2017] NSC 139, [2018] 1 NZLR 245 (age discrimination against NZ-based Cathay Pacific airline pilots; counsel for the intervenor, Human Rights Commission).
Spencer v Ministry of Health [2016] NZHC 1650, [2016] 3 NZLR 513.
Attorney-General v Spencer [2015] NZCA 143, [2015] 3 NZLR 449.
Attorney-General v IDEA Services Ltd [2013] 2 NZLR 512 (HC) (age discrimination; termination of funding for day services programme for intellectually disabled aged 65 and over; counsel for IDEA Services).
Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 (family status discrimination, refusal of funding for parent caregivers of adult disabled children; counsel for the intervenor, Human Rights Commission).
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Recommended by his peer group in the category of Trusts and Estates in the international legal directory, Best Lawyers, 2008-2020
Ranked by Chambers Asia-Pacific 2017-2019 (Band 2, Public Law)
Legal 500 (Leading individual for dispute resolution) (2018-2020)
International Law Office Client Choice Awards (Public Law) (2018)
Noted in Who’s Who Legal
Equal Justice Project’s 2016 Equal Justice Award “for an outstanding contribution to the spirit of equal justice in the New Zealand legal community”
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Member, Society of Trusts and Estates Practitioners (STEP)
Chair, New Zealand Law Foundation
Member, New Zealand Law Society Human Rights and Privacy Committee
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Law Reports, Books
Law Reports
I am editor of the Human Rights Reports of New Zealand (HRNZ) published by Brooker's, as well as New Zealand correspondent for Butterworths Human Rights Cases (BHRC), the leading English language international human rights law report series.
Books
I was co-author of the title "Human Rights" (152 pages) in Butterworths' Laws of New Zealand, published in February 2003.
I am the general editor of, and contributor to, Brooker's Equity and Trusts in New Zealand the second edition of which was published in 2009 (1,300 pages). I wrote 16 chapters. The book has been cited regularly by the New Zealand superior courts.
I am also the co-author of The New Zealand Bill of Rights Act: A Commentary the second edition of which was published in 2015 by LexisNexis (1,900 pages). This text has also been cited frequently in the superior courts.
I have co-authored two books with Sir Geoffrey Palmer QC proposing that New Zealand adopt a written constitution: A Constitution for Aotearoa New Zealand (Wellington, VUP, 2016) and Towards Democratic Renewal (Wellington, VUP, 2018).
Articles and Book Chapter Contributions
Articles
I have published 53 articles (including book chapters), many of which have been judicially cited in various courts, including the New Zealand Court of Appeal and High Court, the Australian Federal Court of Appeal, the Canadian Supreme Court and the Irish High Court. A list is attached as an appendix.
Below is a complete list of journal articles and book chapter contributions ((A)= refereed; (B)= non-refereed):
“New Zealand developments in equitable tracing and subrogation: overuse and underuse" (co-author N Walker) [2018] Trusts & Trustees (A)
“Thoughts on Equity in New Zealand and New South Wales" (co-author T Miller) in J Glister (ed) Fault lines in Equity (Hart Studies in Private Law) London, Bloomsbury, 2012 (A)
“When is a trustee 'dishonest?” (co-author D Hume) [2012] NZLJ 190 (B)
“Legal representation and fairness" (co-author P Smith) in G Maxwell (ed) The costs of crime: Towards fiscal responsibility Wellington, Institute of Policy Studies, 2011 (A)
“Protecting Rights” (co-author P Butler) in C Morris et al (eds) Reconstituting the Constitution Heidelberg, Springer Verlag, 2011 (B).
“What is the Least That We Can Expect of a Trustee? Exclusion of Trustee Duties and Exemption of Trustee Liability" (co-author D J Flinn) [2010] NZ L Rev 459–502 (A)
“L’actualite constitutionnelle dans les pays de common law …" (2006) 65 Revue Francaise de Droit Constitutionnel 189-201 (A)
“The ACT Human Rights Act: A New Zealander's view" (2004) Ethos, December 2004, 16-17 (B)
”New Zealand's New Final Appellate Structure" (2004) 23 Civil Justice Quarterly 107-118 (UK) (A)
”L’actualite constitutionnelle dans les pays de common law …" (2003) 56 Revue Francaise de Droit Constitutionnel 852-859 (A)
”Judicial Review, Rights and Democracy — Suggestions for New Zealand" in G Huscroft & P Rishworth (eds) Litigating Rights (Oxford: Hart Publishing, 2002) 47-72 (B)
”Compensation for Violation of the New Zealand Bill of Rights Act – Where are we at?" (2002) 6 Human Rights Law & Practice 134-161 (A)
”Limiting Rights" in D Carter & M Palmer (eds) Roles and Perspectives in the Law: Essays in Honour of Sir Ivor Richardson (Wellington: Victoria University Press, 2002) 113-153 (B)
”L’actualite constitutionnelle dans les pays de common law …" (2002) 53 Revue Francaise de Droit Constitutionnel 886-900 (A)
”Implied Repeal, Parliamentary Sovereignty and Human Rights in New Zealand" [2001] Public Law 586-598 (A)
”Declaration of incompatibility or interpretation consistent with human rights in New Zealand" [2001] Public Law 28 (A)
”Is this A Public Law Case?" (2000) 31 Victoria University of Wellington Law Review 747-780 (A)
”Funke v France and the right against self-incrimination: A critical analysis" (2000) 11 Criminal Law Forum (48 pages) (A)
”Taking the Treaty Seriously — The Maori Council Case (1987)" in E O'Dell (ed) Leading Cases of the Twentieth Century (Dublin: Round Hall Press/Sweet & Maxwell, 2000) 387-404 (A)
”Chronique 1999" (2000) 42 Revue Francaise de Droit Constitutionnel 400-404 (A)
”Strengthening the Bill of Rights" (2000) 31 Victoria University of Wellington Law Review 129-148 (A)
”Judicial Indications of Inconsistency — A New Weapon in the Bill of Rights Armoury" [2000] New Zealand Law Review 43-60 (A)
”Legal Aid before Human Rights Treaty Monitoring Bodies" (2000) 49 International & Comparative Law Quarterly 360-389 (A)
”The Interface between the Human Rights Act and Other Enactments — Pointers from New Zealand" [2000] European Human Rights Law Review 249-279 (A)
”Private Litigation and Constitutional Rights under s 8 of the 1996 Constitution—Assistance from Ireland" (1999) 116 South African Law Journal 77-99 (A)
”L’actualité constitutionelle dans les pays de common law: Nouvelle Zélande" (1999) 37 Revue Française de Droit Constitutionnel 171 - 178 (A)
”Le système constitutionnel néo-zélandais et la protection des libertés" (1999) 37 Revue Française de Droit Constitutionnel 49-75 (co-author: G Scoffoni) (A)
”The Judicial Use of International Human Rights Law in New Zealand" (co-author: P Butler) (1999) 29 Victoria University of Wellington Law Review 173-191 (A)
”A Critical Analysis of Ireland's Constitutional Review Group Report" (co-author: R O'Connell) (1998) 34 Irish Jurist (ns) 237-265 (A) (Irl)
”Same Sex Marriage and Freedom from Discrimination in New Zealand" [1998] Public Law 396-406 (A) (UK)
”Bürger und Staat: Landesbericht Neuseeland" (trans. "Citizen and the State: New Zealand Country Report", in K. Lüder (ed.) Offentliche Verwaltung der Zukunft (Berlin: Duncker & Humblot, 1998) 81-97 (A) (Germ)
”Same-Sex Marriage and Discrimination" [1998] New Zealand Law Journal 229-232 (B)
”The Zimbabwean Supreme Court on Free Expression and the Telecommunications Monopoly" (1997) 46 International & Comparative Law Quarterly 125-134 (A) (UK)
”The End of Principle and Precedent in Bill of Rights Cases?—A Comment on R v Grayson" [1997] New Zealand Law Review 274-292 (A)
”The Certification Judgments: The 1996 Constitution Bills, their Amending Powers and the Constitutional Principles" (1997) 114 South African Law Journal 703-723 (A)
”The Bill Referral Procedure [under the South African Constitution of 1996]" (co-author P Butler) [1997] South African Public Law 331-350 (A)
”The Bill of Rights Debate: Why the New Zealand Bill of Rights Act 1990 is a Bad Model for Britain" (1997) 17 Oxford Journal of Legal Studies 323-345 (A) (UK)
”Protection of Property Rights and s 21 of the New Zealand Bill of Rights" [1996] New Zealand Law Journal 58-64 (B)
”The 1996 Constitution Bill, its Amending Power, and the Constitutional Principles" (1996) 1 Human Rights & Constitutional Law Journal of Southern Africa 24-31 (Issue of Oct 1996); (A) a longer version was published under the same title by the Konrad-Adenauer Foundation, Johannesburg in July 1996 as part of its Occasional Paper series (25 pages) (SA)
”Commonwealth Developments in Fiduciary Law" [1995] National Law School (of India University) Law Journal 31-50 (A)
”Regulatory Offences and the Bill of Rights" in G Huscroft & P Rishworth (eds) Rights and Freedoms: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 (Sydney: Law Book Co., 1995) 347-400 (B)
”Modern Portfolio Theory and Trustee Investment Powers: The New Zealand Experience" (1995) 7 Bond Law Review 119-152 (Australia) and (1995) 16 New Zealand Universities Law Review 349-378 (A)
”Exercising the Right to a Lawyer—The Due Diligence Requirement" [1995] New Zealand Law Review 406-425 (A)
”Breach of the Constitutional Right of Access to a Lawyer and the Exclusion of Evidence—The Causative Link" (1995) 5 Irish Criminal Law Journal 156-172 (co-authored with David Ong) (A)
”A Subjective or Objective Approach to the Right to be Informed of the Right to Counsel?—A New Zealand Perspective" (1994) 36 Criminal Law Quarterly 317-330 (A) (Canada)
”Bail and the Bill of Rights—A Note on Gillbanks v Police" [1994] New Zealand Recent Law Review 54-74 (A)
”The Right to be Informed of the Right to a Lawyer—The Constitutional Dimension" (1993) 3 Irish Criminal Law Journal 173-189 (A)
”Landlocked Land" [1993] New Zealand Law Journal 77-80 and New Zealand Surveyor News & Views Issue no. 246 (July 1993) (B)
”Arbitrary Arrest and Detention under the New Zealand Bill of Rights—The New Zealand Courts stumble in applying the International Covenant" [1993] New Zealand Law Journal 139-143 (co-authored with Antony Shaw) (B)
”Constitutional Rights in Private Litigation: A Critique and Comparative Analysis" (1993) 22 Anglo-American Law Review 1-41 (A) (UK)
”A Presumption of Statutory Conformity with the Charter" (1993) 19 Queen's Law Journal 209-247 (A) (Canada)
”New Zealand Bill of Rights and private common law litigation" [1991] New Zealand Law Journal 261-266 (B)
”The Bill of Rights comes alive" [1991] New Zealand Law Journal 400-409 (co-authored with Antony Shaw) (B)
Seminars
A Butler, “A Matter of Trusts” Workshop on the Arbitration of Internal Trust Disputes, Singapore International Commercial Court, 5 August 2019
A Butler, “Drafting Trust Deeds” NZLS Trusts Conference, June 2019
A Butler, “Trusts Update” NZLS CPD Top-Up Day, Wellington 13 February 2019
A Butler, "Trust me : Does trust property go where it should after insolvency?" Banking and Financial Services Law Association Conference, 1-3 September, 2018
A Butler, "Managing and Mitigating Conflicts of Interest in the Public Sector: the case of Crown Entities and District Health Boards" NZLS Intensive Public Sector Governance Wellington, 26 October 2017
A Butler & A Grant "Potpouri" NZLS Conference Trusts Conference, Wellington and Auckland, June 2017
A Butler "The Bill of Rights – a view from the trenches" Address to the Higher Courts, Update in Bill of Rights and Beyond: NZBORA at 25, Institute of Judicial Studies, 16 October 2016
A Butler, "The Future of Data", BFSLA Conference, Queenstown, 29 August 2016
A Butler. "The difficult and demanding client and how they should be handled" STEP Australasian Conference, 16-18 March 2016
A Butler, "Clayton v Clayton: a discussion", STEP Seminar, Auckland and Wellington, July 2016
A Butler & P Pope, "Trust and insolvency" RITANZ Conference, Auckland, 5 May 2016
A Butler, Euthanasia Panel Discussion, NZ Medical Students Association, Dunedin, 24 April 2016
A Butler, "Clayton v Clayton: Family Proceedings Act implications", CAANZ, Auckland, 13 April 2016
A Butler, "The difficult and demanding client (trust focus) and how they should be handled", STEP Australasia conference 2016, Auckland, March 2016
A Butler, "Lessons from Lecretia: evidence aided discussion on aid in dying", Wellington Medico Legal Society, 10 December 2015
Seminar presenter, "Civil advocacy in the Court of Appeal", New Zealand Bar Association, 6 March 2015, Wellington
A Butler, "Human Rights in Employment - Discrimination and Privacy Issues", NZLS Employment Law Conference, Auckland, 13 October 2014
A Butler & J Opie, "Bill of Rights in the Business and Regulatory Environments", NZLS Intensive, Using Human Rights Law in Litigation Wellington, 25 June 2014
A Butler "Commercial Trusts and MIS's – the risks creditors run" Banking and Financial Services Law Association Conference, September 2013
A Butler, "Dealing with the Elephant in the room: The role for lawyers in public sector governance" NZLS CLE, Public Sector Governance, Intensive, Wellington, 29 May 2013
A Butler & J Palmer, "Equitable Remedies", NZLS seminar, April 2013
A Butler, "Measures to deal with high risk offenders during and after their sentence" IPPF Colloquium, Wellington, 21 February 2013
A Butler, "What's topical?" STEP NZ conference, Auckland, 20-30 March 2012
A Butler "The New Zealand statutory management regime : what is it and what does it mean for my client?. Banking & Financial Services Law Association Conference, Gold Coast, 5 August 2011
A Butler & Justice M O'Regan, "Trusts and Relationship Property", NZLS Family Law Conference, Auckland, 21-22 November 2011
A Butler & P Smith, "Legal representation and fairness" in G Maxwell (ed) The Costs of Crime: Towards fiscal responsibility, Wellington, Institute of Policy Studies, 2011
A Butler, "Strengthening the Bill of Rights Act?", LexisNexis, Public & Administrative Law Conference, Wellington, 17 February 2011
A Butler "Legal representation and fairness", The Costs of Crime Conference, Institute of Policy Studies, Wellington, February 2011
A Butler, "New South Welsh Equity: A New Zealand Perspective", Comparative Perspectives on Equity Symposium, Faculty of Law, University of Sydney, 14 December 2010
A Butler, "Trustee Accountability: Recent Developments" STEP NZ seminar, Auckland, 5 May 2010
A Butler, "Practical considerations for BORA causes of action", NZLS CLE Intensive, Litigating against the Crown, April 2010
A Butler, "Management of conflicts of interest in the State Sector", NZLS CLE, Wellington, 31 October 2008
A Butler, NZLS Intensive, Using the Bill of Rights in Civil and Criminal Litigation, July 2008
A Butler & J Shaerf, "Limiting fundamental rights: How on earth is s 5 supposed to work in practice" NZLS Intensive, Using the Bill of Rights in Civil and Criminal Litigation, July 2008
Trusts Law Conference, NZLS, 2 day conference, June 2007, Auckland and Wellington
"New Zealand's Experience with a Bill of Rights", Inaugural Australia-New Zealand Law Librarians Conference, 29-30 September 2006, Melbourne
"Developments in Administrative Law: Unreasonableness, Proportionality and the Public-Private Divide", Public Sector In-house Counsel Forum, 28 September 2006, Wellington
"General aspects of trusts law", presentation to Maori Land Court judges, 26 April 2006, Wellington
"Remedies": paper presented to the Ministry of Justice Symposium celebrating 15 years of the New Zealand Bill of Rights, 9 February 2006, Wellington
Public Sector In-house Counsel Forum, 2 day conference, Wellington (two papers, one on developments in legal professional privilege, the other on avoiding judicial review) 17-18 November 2005
Liability of Local Authorities (with Geoff McLay and Dean Knight), NZLS Seminar, June 2005, Christchurch, Auckland, Hamilton and Wellington
Trusts Law Conference, NZLS, 2 day conference, May 2005, Auckland and Wellington
Public Authority Liability (with Geoff McLay), NZLS Seminar, 21-24 June 2004, Auckland, Christchurch, Hamilton, Wellington
"Youth Age Discrimination" at the Equality Symposium, Legal Research Foundation Seminar, Auckland, 25 May 2004
"The Remedial Jurisdiction of the Human Rights Review Tribunal" at the Human Rights Review Tribunal Members Conference, 12 March 2004
"Public Law Pot Pourri: An Update on Constitutional Cases" at New Zealand Public Law Forum, 24 March 2003
"Compensation for Violation of the New Zealand Bill of Rights Act" at the New Zealand Law Society Conference, Litigating Against the Crown, Auckland and Wellington, 24 and 25 July 2002
"Limiting Rights Seriously" at the New Zealand Institute of Public Law Conference, Roles and Perspectives in the Law, Wellington 5–6 April 2002
"Judicial Review, Rights and Democracy" at the Legal Research Foundation Conference, Liberty, Equality and Democracy, Auckland 20–21 August 1999
"Diritto Costituzionale nel Sistema del 'Common Law'" (trans. "Constitutional Law in the Common Law System") Università di Teramo, Teramo, Italy, 8-14 December 1998 (lectures given in Italian)
"Is this a Public Law Case?" New Zealand Law Society Intensive on Public Law, Auckland and Wellington, 21, 22 September 1998
"Die Beziehung zwischen Staat und Bürgern in Neuseeland" (trans. "The Relationship between Citizen and State in New Zealand") Lecture at the Conference celebrating the 50th Anniversary of the Hochschule für Verwaltungswissenschaften, Speyer, Germany, 6 March 1997 (in German)
"Modern Portfolio Theory and Investment Powers of Trustees: The New Zealand Experience" at the Equity, Restitution and the Banking Lawyer Conference, Bond University, Queensland, 23 July 1994
Guest Lectures on "Commonwealth Developments in Fiduciary Law" National Law School of India University, Bangalore, India, December 1993
"Investment Duties of Trustees" Biennial Conference of Australasian Public Trustees, Wellington, 4 March 1993
Presentation on "The Dumping of Services and EC Dumping Law" CAPLAB Seminar on Dumping Law, Wellington, 27 November 1992
Presentation on "Aspects of the New Zealand Bill of Rights Act 1990", Wellington District Law Society 27 October 1992, and to Wellington Region District Court Judges, Wellington, 26 November 1992
Journal Refereeing
I have refereed articles submitted for publication to numerous journals including Victoria University of Wellington Law Review, New Zealand Journal of International and Public Law, New Zealand Business Law Quarterly and Public Law Review.
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PhD (EUI)
LLM (Osgoode)
BCL (NUI, Dublin)
