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Andrew

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Appeals and Reviews

Appeals

Appellate advocacy requires a familiarity with the procedures for appeal and the processes of appellate courts. The task of the appellate advocate is very different from that of the trial lawyer, and involves a focus on the aspects of the case where a higher court is likely to adopt a different approach from the court or body that has already considered the matter. I have appellate experience in a number of different areas of law, and have conducted many civil appeals in the High Court and Court of Appeal.

Judicial review

Judicial review allows the courts to supervise the decisions of various decision-making bodies where there have been irregularities or errors of law in the decision-making process. It is a specialised type of High Court litigation, with its own set of procedures. I have experience in judicial review proceedings in tax, ACC, health law, fisheries and education cases.

Although judicial review cases frequently require a court hearing, they can also provide the basis for compromise. I have achieved settlement of judicial review claims against the IRD, ACC, Real Estate Institute, University of Otago, and a school board of trustees.

Positions

Member of High Court Rules Committee
Convenor, Civil Litigation and Tribunals Committee of the NZ Law Society

Publications

Significant cases

  • G v Professional Conduct Committee [2009] NZAR 563 (CA): first appeal to Court of Appeal under Health Practitioners Competence Assurance Act 2003.
  • McGrath v ACC 1/5/09, Miller J, High Court Wellington CIV-2008-485-2436; [2010] NZCA 535 (currently under appeal to the Supreme Court): Judicial review of decision to require Vocational Independence Medical Assessment.
  • Geary v Psychologists Board [2009] NZAR 338 (CA): Cross-examination in judicial review proceedings.
  • Wildbore v ACC [2009] 3 NZLR 21; (2009) 9 NZELC 93,161; (2009) 19 PRNZ 239 (CA): Proper approach to be taken on appeal from decision by ACC reviewer.
  • Ramsay v Wellington District Court [2006] NZAR 136 (CA): Scope of judicial review under ACC legislation.
  • CIR v District Court at Waitakere (2005) 22 NZTC 19,088 (HC): judicial review of child support decision.
  • CIR v Abattis Properties Ltd (2002) 20 NZTC 17,805 (CA): Scope of judicial review in tax litigation.
  • Alex Harvey Industries Ltd v CIR (2001) 20 NZTC 17,286 (CA): Approach to appeals from interlocutory decisions.
  • ACC v Vandy 25/11/10, Gendall J, HC Wellington CIV2010-485-1331: whether compensation is available for persons suffering incapacity some years after the accident. I was appointed by the Court as amicus to present the argument opposing ACC.

Contact:
Level 3 Legal House
101 Lambton Quay
PO Box 5601
Wellington
New Zealand

Ph: +64 4 472 8595
Fax: +64 4 499 4620
Email: andrew.beck@xtra.co.nz

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