Rebecca Rose

Contact

Telephone: ++64 9 222 2368

Mobile: ++64 21 706 941

[email protected]

Post: PO Box 141, Shortland Street, Auckland 1140

Rebecca specialises in general civil and commercial litigation and dispute resolution.  She is experienced at resolving complex and high value matters as well as smaller disputes in a practical and efficient way.

She undertakes both advocacy and advice work for individual, corporate and institutional clients operating in the private and public sectors.  Her practice spans a broad range of areas and industries, including contract, property, resource management, tax disputes, wills, trusts, equity, public and administrative law/judicial review, overseas investment, corporate/commercial (including schemes of arrangement), negligence, fair trading and insurance.

In recent years, Rebecca has led approximately 30 cases as sole or senior counsel in the Environment Court, High Court, Court of Appeal, and Supreme Court of New Zealand.  She has also represented clients in numerous mediations, negotiations and arbitrations.  Additionally, Rebecca has substantial experience acting as junior counsel.  She accepts instructions for both junior and senior roles.

The Legal500 Asia Pacific 2020 recommends Rebecca for litigation and advocacy.  Client comments in earlier editions note her ability to “plan and execute arguments beautifully” and that she is “exceptionally hardworking”.

In 2018, Rebecca won Young Private Practitioner of the Year (under 36) at the New Zealand Law Awards.

Rebecca is a previous winner of the Cleary Memorial Prize (for New Zealand’s most promising young legal practitioner) and a past Pegasus scholarship recipient.  From 2010-2011, Rebecca took her LLM at Cambridge University as a WM Tapp scholar.

Before joining Bankside Chambers in 2019, Rebecca worked at Bell Gully and Chapman Tripp in Auckland (2011 – 2019) and for the Solicitor-General, David Collins QC, at the Crown Law Office in Wellington (2010).  From 2008-2010, Rebecca was a Judge’s Clerk in the Supreme Court of New Zealand to the Rt Hon Justice Blanchard.

Rebecca is of Dutch and Te Atiawa (Ngati Te Whiti and Ngati Tawhirikura) descent.  She is a permanent member of the Cook Islands bar.  She is also a full (TEP) member of STEP, the international Society of Trust Estate Practitioners.  Forever curious, Rebecca has written numerous articles in her areas of interest and regularly speaks at seminars and conferences in New Zealand and abroad.  She is also a contributing author of Gault on Commercial Law.

Recent and Notable Cases

Supreme Court

  • Addleman v Lambie Trustee Ltd [2020] NZSC 14 – leave application regarding legal/litigation privilege issues.
  • Speargrass Holdings Ltd v QLDC (SC 134/2019) – leave application regarding judicial review and Property Law Act relief issues.
  • Commissioner of Inland Revenue v Chatfield [2019] NZSC 84, (2019) 29 NZTC 24-016 – leave application regarding substantive DTA and TAA 1994, s 17 issues.
  • Chatfield v Commissioner of Inland Revenue [2017] NZSC 48, (2017) 28 NZTC 23-010 – leave application regarding discovery issues.
  • Chatfield v Commissioner of Inland Revenue [2017] NZSC 118, (2017) 28 NZTC 23-025 – leave application regarding legitimate expectation issues.
  • Tiroa E v Milk New Zealand Holdings Ltd [2012] NZSC 85 – leave application re application of Overseas Investment Act 2005 and related regulations (“Crafar Farms” litigation).
  • R v Gwaze [2010] NZSC 52, [2010] 3 NZLR 734, (2010) 24 CRNZ 702 – first retrial order after jury acquittal.

Court of Appeal

  • Speargrass Holdings Ltd v van Brandenburg [2019] NZCA 684 – stay issues.
  • Addleman v Lambie Trustee Ltd [2019] NZCA 609 – stay issues.
  • Addleman v Lambie Trustee Ltd [2019] NZCA 616, (2018) 4 NZTR 28-036 – further evidence.
  • Addleman v Lambie Trustee Ltd [2019] NZCA 480, (2019) 5 NZTR 29-016 – substantive application for trust information by beneficiary.
  • Speargrass v van Brandenburg [2019] NZCA 564 – PLA and JR relief issues; interrelationship with RMA 1991; non-notification of resource consent application by QLDC.
  • Commissioner of Inland Revenue v Chatfield [2019] NZCA 73 – substantive judicial review appeal by Commissioner against quashing of x15 TAA 1994, s 17 notices issued further to NZ/Korea DTA.
  • Framhein v Attorney-General (CKCA 1/2018) [2018] CKCA 1 – fisheries, law of the sea, public international law and customary rights issues related to establishment by Cook Islands government of new purse seine tuna fishery. Leave to appeal and cross-appeal to Privy Council granted.
  • Chatfield v Commissioner of Inland Revenue [2017] NZCA 148, (2017) 28 NZTC 23-015 (CA) – legitimate expectation issues.
  • Chatfield v Commissioner of Inland Revenue [2016] NZCA 614, (2016) 27 NZTC 22-084 (CA), (2016) 19 ITLR 706 – discovery and TAA 1994 issues.
  • Todd Petroleum Mining Company Ltd v Shell (Petroleum Mining) Company Ltd [2014] NZCA 507, [2015] 2 NZLR 180 (CA) – interpretation and operation of certain provisions of the Arbitration Act 1996 and their relationship with international provisions.
  • Tiroa E & Te Hape B v Milk New Zealand Holdings Ltd [2012] NZCA 355, [2012] 3 NZLR 808 (“Crafar farms” litigation) – Overseas Investment Act 2005 and related regulations relevant to purchase of farm land by Shanghai Pengxin.

High Court

  • Harrison v Harrison [2019] NZHC 3474 – trust winding up; s 66 directions application.
  • Speargrass Holdings Ltd v van Brandenburg [2018] NZHC 2760 – costs on JR, PLA and RMA appeal proceedings.
  • Speargrass Holdings Ltd v van Brandenburg [2018] NZHC 1009 – s 333 PLA 2007 application for removal of earth wall/structure, judicial review re non-notification resource consent application, appeal against decision of Environment Court on questions of law.
  • Commissioner of Inland Revenue v Chatfield (CIV 2017) – s 17A TAA 1994 enforcement proceeding & stay application; discontinued/settled.
  • Chatfield & Co v Commissioner of Inland Revenue [2017] NZHC 3289, [2018] 2 NZLR 835, (2017) 28 NZTC 23-049, (2018) 20 ITLR 437– substantive JR re s 17 TAA 1994 notices further to DTA information request.
  • Re Bennett [2017] NZHC 2481, [2017] NZFLR 814, [2017] NZAR 1785 (HC) – will validity and probate procedure.
  • Addleman v Lambie Trustee Ltd [2017] NZHC 2054, (2017) 4 NZTR 27-016 (HC) – trust information disclosure.
  • Addleman v Lambie Trustee Ltd [2017] NZHC 1719 – AVL application; evidence from Madeira.
  • Chatfield & Co v Commissioner of Inland Revenue [2016] NZHC 2289, (2016) 27 NZTC 22-072 – strike out issues.
  • Chatfield & Co v Commissioner of Inland Revenue [2016] NZHC 1234, (2016) 27 NZTC 22,053, (2016) 19 ITLR 63 – confidentiality of DTA request materials between states, Evidence Act ss 69 and 70 (“state secrets”), public interest immunity, discovery issues, TAA 1994, s 81.
  • Chatfield & Co v Commissioner of Inland Revenue [2015] NZHC 2099, (2015) 27 NZTC 22,024; (2015) 18 ITLR 392 – judicial review of Commissioner’s issuing of production notices under TAA 1994 further to request from Korea; “matters of state” and discovery availability.
  • Pure 100 Ltd v Minister of Finance & Ors (CIV 2015-485-757) (“Lochinver Farm litigation”) – settled.
  • Valerie Geard Waiheke Trust; Re Harrison v Harrison [2015] NZHC 2935, (2015) 4 NZTR 25-029 – trust interpretation principles and validity of trustees’ resettlement.
  • Harrison v Harrison [2015] NZHC 2561 – rights of bankrupt beneficiary.
  • Premier Events Group Ltd v Beattie & Ors [2015] NZHC 2428 – increased security for costs.
  • Premier Events Group Ltd v Beattie & Ors [2015] NZHC 1129 – stay lifting.
  • Millennium & Copthorne Hotels Ltd [2014] NZHC 1616 – Court-approved scheme of arrangement effecting $240m distribution in specie and parallel IPO and listing on Singapore Stock Exchange of First Sponsor Ltd.
  • Transaction won both International Deal of the Year and NZ Capital Markets Deal of the Year at 2015 Law Awards.
  • Gough v RAM Custodian Ltd [2012] NZHC 2926 – recall application re [2012] NZHC 2218 – vires judgment re actions of trustees.
  • Gisborne Milk Co-operative Ltd v Fonterra Co-operative Ltd [2012] NZHC 3439 – shareholder rights post Dairy Industry Restructuring Act 2001 effecting creation of Fonterra.
  • Gough v RAM Custodian Ltd [2012] NZHC 2218 – vires decision re trustee appointment and decision-making (subsequently recalled).
  • RAM Custodian Ltd v Raymond [2012] NZHC 3438 – consolidation trust wind up and trustee appointment issues claims.
  • Greymouth Petroleum Ltd v Solicitor-General [2010] 2 NZLR 567 (HC) – judicial review of Solicitor-General’s decision refusing consent for Crown Solicitor to act against Crown.
  • Crown Asset Management Ltd v Nattrass, Sullivan, White & the Estate of Allan Hubbard (CIV 2011-409-2413) (“South Canterbury Finance” litigation). Civil claims by CAML against four previous South Canterbury Finance Ltd directors.  Ultimately settled.

District Court

  • Re Songs Music Publishing LLC [2015] DCR 10 – approval of music publishing contract under Minors Contract Act 1969 for singer/songwriter, Lorde.

Environment Court

  • van Brandenburg v QLDC & Speargrass Holdings Ltd (2016-CHC-004) – rehearing following decision of Dunningham J in [2018] NZHC 1009 (reserved decision).
  • Flax Trust v QLDC [2020] NZEnvC 5 – stay and procedural issues.

 

Qualifications and Career

LLM University of Cambridge

BMS(Economics), LLB(Hons) University of Waikato

Affiliations

NZBA

NZLS

AWLA

STEP (Full TEP Member)

CAANZ Trust SIG