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New Zealand legal experience

Before 2013

In 1997 Toby was a Pegasus Scholar at Chapman Tripp Sheffield Young (as it then was) in Wellington. While on a sabbatical from his London practice in 2005-6, as well as working in the policy group at ACC he worked with several Wellington barristers on a variety of civil disputes.

Since 2013

New Zealand dispute resolution

Since moving to New Zealand in 2013, Toby has advised and represented a wide variety of corporate and professional clients, in relation to dispute avoidance and litigation/dispute resolution in commercial/civil matters and health and safety. Clients have included ACC, EQC, BNZ, ANZ, Kiwibank, AIG, Vero Liability, Allianz, Vero Insurance (Australia), Lumley/NZI, Berkshire Hathaway Specialty Insurance, Delta Insurance, Summerset, Fulton Hogan, Z Energy, Heinz-Watties, Intergen, Phil&Teds, Fieldair, Liquigas, The Insurance Council of New Zealand, Medibank, Asaleo Care, Century 21 (Wellington) Limited, Trustee Executors Limited, The Village Press, The Fertiliser Association, Port Nicholson Block Settlement Trust, Te Waananga o Raukawa.

During this time Toby has been lead or co-counsel in a wide variety of disputes including:

  • Representing an insurer in a technical liability insurance claim by a financial institution with a value of some $7.5M
  • Representing a corporate tenant and its insurer in a complex multi-party claim for earthquake damage arising out of the 2013 Wellington earthquake, valued at some $15M
  • Advising in a breach of warranty claim valued at some $60M
  • Representing a law firm in a professional liability claim, in the Court of Appeal
  • Acting for a company making a substantial claim against its electricity supplier for overcharging over several years
  • Acting for an aeronautical engineering and services company in relation to a commercial dispute with an airline over provision of services.
  • Acting for a bank, including advising its board on strategy, in relation to a substantial commercial relationship dispute with another major national company.
  • Advising the trustees of a trust managing the proceeds of a Treaty of Waitangi settlement on mediation and dispute resolution procedures.

Toby has appeared as lead counsel in New Zealand in the Court of Appeal, High Court, District Court, and Real Estate Agents Disciplinary Tribunal. He has advised and represented ACC on appeals in the District Court and High Court. He has also acted for a medical organisation under investigation by the Health and Disability Commission following the death of a child (result: no criticism of the organisation’s systems and practices).

In 2014, 2015 and 2016, Toby acted as a judge in the New Zealand Law Society’s High Court Litigation Skills course in Wellington, run by Paul Radich QC.

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Toby has represented insurers and their insureds at mediations on multi-million dollar claims.

In 2014 Toby devised, and then edited and wrote articles for, Cover to Cover, a quarterly magazine for the insurance industry published by MinterEllisonRuddWatts. Alongside that, he co-ordinated and led quarterly round table discussions for insurers and brokers, on a wide variety of legal and commercial topics affecting the insurance industry. The Insurance Council of New Zealand has recognised these initiatives as making a unique and valuable contribution to the New Zealand insurance industry.

Toby has been recognised by the Legal 500 Asia-Pacific in the field of insurance.

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Cyber risks

Toby has written various articles on cyber risks for Cover to Cover and in Australasian Lawyer. While at MinterEllisonRuddWatts he was appointed as a ‘breach coach’ for cyber risks claims for two insurance companies, and advised an insurer in relation to a significant data breach suffered by one of its insureds.

Health and safety

Toby has also advised banks, Z Energy, Mighty River Power, Electrix and others on health and safety issues, including:

  • interpretation of Health and Safety at Work Act 2015 both generally and in relation to specific problem areas;
  • devising and implementing systems required to address that Act;
  • prosecutions by Worksafe;
  • asbestos risks.

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Seminars and articles

As well as insurance-related articles and seminars, Toby has given seminars to solicitors, government lawyers, in-house counsel, senior executive/managers and others, on subjects including legal professional privilege, health and safety law, cyber risks, and mediation advocacy.

Other seminars include:

  • seminar to Health Law Committee of the New Zealand Law Society, on the effect of changes to reparation orders introduced by Sentencing Amendment Act 2014;
  • member of expert panels on cyber risks, for the National Cyber Policy Office’s national Cyber Security Summit in 2016, and for industry events run by the Insurance Council of New Zealand.
Professional memberships

New Zealand Bar Association
New Zealand Medico-Legal Society
New Zealand Insurance Lawyers Association


Level 3 Legal House
101 Lambton Quay
PO Box 5475
Wellington 6140
New Zealand

Ph: +64 4 595 4004
Mobile: 022 498 9979
Fax: +64 4 499 4620

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