Sarah Jerebine

Contact

Mobile: +64 212 86 6188

[email protected]

Post: PO Box 141, Shortland Street, Auckland 1140

Sarah is an experienced civil litigation lawyer, with particular expertise in public law and commercial litigation gained in leading national practices both here and in the UK since her admission in 2001.  Over the past decade Sarah has acted primarily for Government as Crown Counsel, which afforded her the opportunity to act on complex litigation of public interest.  She frequently appears in the High Court and Court of Appeal.  She has also appeared in the Supreme Court, and on a number of occasions in the lower courts, at mediations and at judicial settlement conferences.

Recent matters of note Sarah has acted on include acting for Government in response to the Rena incident; for the Commerce Commission on the input methodologies challenge; for the Minister of Commerce in response to the challenge of statutory management for Mr Hubbard; for the Ministry of Social Development on a matter that impacted placement of the over 5,000 children in its custody; on matters of jurisdiction; and application of free trade agreements to multi-national corporations trading with New Zealand.

Sarah has a particular interest in statutory interpretation, the exercise of Executive decision-making powers, and contract law.

Sarah also has extensive experience in medicolegal matters, having appeared for and against large private health care providers, health care professionals, regulators, pharmaceutical companies, ACC, the Ministry of Health, DHBs, the Medical Protection Society, the Medical Council and for the equivalent in the UK.  Matters include medical negligence, inquests, funding agreements, tenders, disability support services, aged care, HDC complaints, official information and privacy, historic abuse claims, human rights, and regulatory matters.

Sarah also acts on a range of matters concerning application of the Oranga Tamariki Act 1989, surrogacy laws, and immigration and refugee law.

Sarah is efficient and focussed, and routinely seeks practical solutions to difficult issues, to best benefit her client.

Recent and Notable Cases

Sarah was lead counsel in the following cases, unless otherwise noted.

Judicial review

  • WK v RPO [2018] NZSC 91; WK v RPO [2018] NZCA 258; WK v RPO [2018] NZHC 514: refugee law; test for unreasonableness in refugee claims (Wednesbury applies); application of sur place; no admission of new evidence of new events on appeal.
  • GXL Royalties Limited v Minister of Energy CA304/2009 19 May 2010: (junior counsel): oil and gas regulation; Minister’s failure to take into account special circumstances.
  • Matua v Minister of Immigration [2018] NZHC 2078 immigration law; unreasonableness; failure to take into account mandatory considerations; and irrelevant considerations.
  • Advising on various other matters concerning the legality of decision-making processes, ultra vires and natural justice, including legality of tenders, cancellation of contracts, and the lawfulness of statutory management.

Commercial litigation, and regulatory

  • Greymouth Gas Kamiro Limited & Anor V GXL Royalties Ltd SC 98/2009 30 March 2010 (junior counsel) oil and gas; contract law; pleading to a collateral purpose in the exercise of a contractual right.
  • advising on Securities Act compliance and preparation for a significant national merger and applications to the court re same;
  • the application of free trade agreements to multi-national corporations trading with New Zealand.

Fraud

  • Acting for a large Supermarket chain in response to staff fraud
  • Acting for a national bank, largest fraud by staff member, interim injunction; and
  • Advising on next steps where payment made on basis of fraudulent statement.

Care and protection of children and young people, and role of the state

  • C (CA203/2017) v R [2018] NZCA 315: non-party disclosure; application by defendant for disclosure of information concerning the complainant (child) held by Oranga Tamariki;
  • Chief Executive of the Ministry for Vulnerable Children v Grant-Shepherd & Ors [2018] NZHC 1260 Jurisdiction of courts to make a statutory order appointing “special guardianship” under the Oranga Tamariki Act
  • L & T v Chief Executive of Ministry for Children, Oranga Tamariki [2017] NZCA 517: Habeas corpus, and ability of state to impose custody over unborn child.

Appeals, civil procedure, and applications

  • Job Service Centre v Labour Inspector [2016] NZCA 464: jurisdiction of Employment Court to impose fines for non-compliance with its orders
  • WK v RPO [2018] NZHC 618; WK v RPO [2018] NZHC 683: Interim relief – jurisdiction and principles; refugee law.

Medicolegal

  • S v Midcentral District Health Board (No 2) [2004] NZAR 342 (junior counsel) negligence and NZBORA;
  • Cullen v Chief Executive of the Ministry of Health [2018] NZHC 764 use of title “Dr” unregistered persons providing health services under the Health Practitioners Competence Assurance Act 2003
  • appearing as sole counsel for the Accident Compensation Corporation in more than 20 appeals concerning medical misadventure and personal injury;
  • seeking court orders for property management, harassment, and medical treatment for MidCentral DHB and Capital and Coast DHB

Qualifications and Career

Qualifications and career

LLB (Hons)/BA (Pols/Public Policy), University of Victoria, 2001

Admitted May 2001

Experience

Buddle Findlay, Wellington, 2001-2004

Independent Regulator of NHS Foundation Trusts (UK), 2005-2007

Beachcroft LLP (UK), 2007-2008

Russell McVeagh, Wellington, 2008-2010

Crown Law Office, Wellington, 2010-2012

DLA Piper, Auckland, 2012-2014

Crown Law Office, Auckland, 2015-2019

Affiliations