Our work

Chen Palmer has an outstanding track record in solving problems for its clients.

 

Public Law

We have advised on most of the major policy and law reforms undertaken by Governments over the last sixteen years.  In recent years Chen Palmer has been involved in some of the most interesting and high-profile public law work in New Zealand. Examples of the sorts of work we have undertaken include:

  • Advising on a range of inquiries, including:
    • the Ministerial Inquiry into Mercury Energy and the Auckland Energy Supply Crisis in the Auckland CBD;
    • the Royal Commission of Inquiry into Auckland Governance;
    • the Royal Commission of Inquiry into Genetic Modification;
    • the Commission of Inquiry into the Winebox;
    • the select committee inquiry into the New Zealand Fire Service;
    • the Ministerial Inquiry into Hon Taito Phillip Field;
    • the Office of the Auditor-General inquiry into Rongo Wetere and Te Wananga o Aotearoa;
    • the State Sector Act inquiry into double dipping by a public entity board member;
    • the Office of the Auditor-General inquiry into Capital Coast Health DHB; and
    • the Ministerial Review of the Privacy Act.
  • Appearing for Whangamata Marina Society in the High Court on the judicial review of the Minister’s decision under the Resource Management Act 1991, overturning the Minister’s decision and having the decision reconsidered with a successful consent granted for the Marine to be built. The Marina was opened by the Prime Minister in 2009;
  • Acting for Dr Tony Bierre in his defamation proceeding against Rt Hon Helen Clark, former Prime Minister of New Zealand. The litigation was settled after the Prime Minister made a statement;
  • Advising multi-national corporations and high net-worth investors on the regulatory processes necessary to purchase New Zealand assets and land, including Overseas Investment Commission applications and approvals;
  • Advising the Fonterra Shareholders Council on the recently agreed “Trading Among Farmers” structural reform process;
  • Counsel for the appellant in Hosking v Runting at the Court of Appeal which resulted in establishing a new right to privacy in common law;
  • Advising Private Training Establishments on educational issues under the Education Act and on issues with the TEC and the NZQA;
  • Advising tertiary education organisations on mergers with other TEIs, funding issues with the Tertiary Education Commission (TEC), quality issues with the New Zealand Qualifications Authority (NZQA) and changing their status to be universities under the Education Act 1989, including advising AIT in becoming AUT in 2000, advising Wellington Polytechnic in its merger with Massey University, advising Dunedin College of Education in its merger with the University of Otago, and appearing for Unitec in the High Court and Court of Appeal in regards to their bid to become a university, and advising on the Education (Polytechnics) Amendment Bill 2009.
  • Representing successful claimants in Waitangi Tribunal proceedings concerning the Crown’s intervention at Te Wananga o Aotearoa;
  • Assisting commercial clients who will be or have been affected by current law reform issues in the area of waste minimisation, the sale of liquor, financial services, energy and telecommunications regulation, climate change, and local government reform;
  • Advising groups representing an industry or a profession on regulatory reform of that industry or profession including the New Zealand Law Society and the Real Estate Institute of New Zealand;
  • Advising health clients and resolving disputes in regard to patient entitlement to unorthodox life saving treatment, licence conditions, new drug testing, tenders and contracts and other regulatory matters;
  • Advising energy companies on regulatory issues under the electricity and gas legislation and on Commerce Act 1986 issues, including appearing at the Supreme Court on the regulation of electricity lines businesses’ Price Path Threshold by the Commerce Commission, and advising on the reform of the Commerce Act;
  • Representing organisations investigated by the Commerce Commission under the Commerce Act and Fair Trading Act, including negotiating administrative settlements;
  • Drafting complaints to the Commerce Commission under the Commerce Act and Fair Trading Act;
  • Advising Auckland Regional Council on a new National Environmental Standard on air quality;
  • Advising Environment Waikato on the impact of the Tainui settlement on their ability to perform their statutory obligations under the Local Government Act and on co-management of the Waikato River with Tainui.
  • Advising many organisations who are the subject of complaints to the Broadcasting Standards Authority or the Advertising Standards Authority, or who want to make complaints to these bodies;
  • Advising Te Uri o Hau on their settlement legislation, and on RMA and Treaty of Waitangi claims issues;
  • Advising clients on how to manage the practical implications of the Electoral Finance legislation for political donations and for freedom of association; and
  • Advising various clients on climate change policy and legislation.

Employment Law

  • Chen Palmer's employment law team has acted in a number of significant employment law cases including:
    • Acting for Housing New Zealand Corporation in a successful claim against the PSA that they had breached good faith and the bargaining process agreement between the parties during collective bargaining.
    • Acting for an employee of Air New Zealand in a successful stress claim against Air New Zealand.
    • Successfully defending a claim brought against Inland Revenue by the PSA regarding Inland Revenue's right to unilaterally create new positions within its organisation and determine the salary band relevant to that position.  The case represented a significant victory for the rights of Inland Revenue to determine what positions it created and the salary level appropriate for those positions.
    • Acting for a senior advertising executive who was unjustifiably dismissed by Ogilvy New Zealand.
    • Acting in the leading case on communications bargaining - Christchurch City Council v SLGOU.  The case affirmed the right of employers to communicate with employees during collective bargaining.
  • In addition, the team has significant experience in collective bargaining including advising on, and taking the role of lead advocate in, the bargaining for a number of large organisations including tertiary institutions and large public sector organisations.
  • Chen Palmer's employment law experts have been involved in assisting the exit of senior executives, and negotiating exit arrangements.
  • The team has advised a large public sector organisation on the implications of KiwiSaver, taking into account that organisation's own complex superannuation scheme environment.
  • Chen Palmer's employment law team has provided advice on complex holiday pay calculations for an organisation with a significant number of wage types, allowances, reimbursements, and rotating shifts.
  • The employment law team has provided expert advice on significant restructures, including designing the restructure process, assisting with identifying which roles are disestablished, and which are not, and advising on redeployment obligations.
  • Our employment law team has advised on high-profile disciplinary processes, and has assisted in managing the competing interests which surround these processes, including internal politics and media interest.

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