Sarah Jerebine KC

• LLB (Hons)
• BA – 2001

Sarah Jerebine KC is a senior 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. She regularly appears in the senior courts, often acting for or against the Crown on complex litigation of public interest.

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Sarah’s expertise includes acting for and against public entities in matters of tort, contract, public law and human rights, and in medico-legal matters.

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Sarah also has a particular interest in inquiries and inquests, having advised on the range of issues with respect to both settings, and as counsel assisting in independent reviews.

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Sarah is efficient and focused and seeks practical solutions to difficult issues to best benefit her clients.

Christian Congregation of Jehovah’s Witnesses (Australasia) Ltd v Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions Attorney-General [2024] NZCA 128, [2024] NZLR 534‍

The Court held the courts have a role in reviewing the legality of decisions of administrative bodies and tribunals, including commissions, against the empowering instrument, among other matters.

Ministry of Business, Innovation and Employment v Duan [2023] NZEmpC 232, (2023) 11 NZELC 79-172, [2023] ERNZ 1038, (2023) 20 NZELR 188‍

This case-stated was brought by the Ministry to determine legislative entitlements to a category of employees.

Police v MW [2023] NZHC 3669‍

This case-stated determined if young people can be assessed in the Youth Court for fitness as adults are in the District and High Court, under the Criminal Procedure (Mentally Impaired Persons) Act 2003, without express provision permitting this under Oranga Tamariki legislation.

Ochibulu v Immigration and Protection Tribunal [2022] NZCA 278‍

The Court of Appeal addressed availability of judicial review where statutory rights of appeal exist; and elements to identify exercise of a discretion.

Re Gordon [2019] NZHC 184, [2020] 2 NZLR 436, (2019) 32 FRNZ

The High Court determined application of the Human Rights Act 1993 to the Adoption Act 1955, and expanded the latter legislation.

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Argos Froyanes Ltd v Chief Executive of Immigration New Zealand [2020] NZHC 3109 

The High Court dismissed an application for urgent injunction/interim relief, to allow fishing in the Antarctic region to proceed.

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Skantha v R [2019] NZCA 478

This case provides guidance on the circumstances in which sensitive, personal information about vulnerable children and young people, collected by social workers (and held by a non-party), must be disclosed to the defendant in a murder trial under the Criminal Disclosure Act 2008.

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‍Miles Premises Ltd v Attorney-General [2019] NZHC 2129

This case determined a challenge to the city planning and purchase decisions made by Ministers of the Crown responsible for the rebuild of Christchurch after the 2011 Canterbury earthquakes. Acting for the Ministers and relevant agencies, Sarah successfully defended the first claim concerning legality of decision-making processes.

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WK v Refugee and Protection Officer [2018] NZCA 258

The Court of Appeal determined domestic legislation to be consistent with Article 1A(2) of the United Nations Convention Relating to the Status of Refugees and, resolved conflicting authority in the lower courts determining that Wednesbury unreasonableness remains the governing test to review decisions of refugee status, and not a “lower” threshold.

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Cullen v Chief Executive of the Ministry of Health [2018] NZHC 764

The High Court addressed use of the title “Dr” by unregistered persons (in this case a former GP) providing health services under the Health Practitioners Competence Assurance Act 2003, and application of the Declaratory Judgments Act 1908.

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Peter Reynolds Mechanical Ltd Trading as the Italian Job Service Centre v Labour Inspector [2016] NZCA 464

The Court of Appeal determined the legal ability of the Employment Courts to impose fines for non-compliance with its orders, and challenged the range and methodology for imposing those fines.

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Chief Executive of the Ministry of Social Development v DR [2016] NZHC 24

The High Court case confirmed, in this test-case, the Chief Executive could determine geographic placement of a child in its custody without consent of the parents.

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‍Counsel assisting in the Joint Review into the Children’s Sector: identification and response to suspected abuse: 23 November 2022

This report was commissioned by the six public agencies which interacted (either directly or through services provided in their sectors) with the young child who was the subject of the report, Malachi Subecz, who very tragically had his life taken. 

The six agencies were: the Department of Corrections – Ara Poutama Aotearoa; New Zealand Police – Ngā Pirihimana o Aotearoa; Oranga Tamariki – Ministry for Children; the Ministry of Education – Te Tāhuhu o te Mātauranga; Manatū Hauora – Ministry of Health; and the Ministry of Social Development – Te Manatū Whakahiato Ora.  

The report made several recommendations to seek to avoid such a tragedy occurring again, including recommendations to the court, prison, child welfare, health and education systems.

Sarah is ranked Band 2 in the Chambers and Partners Asia-Pacific 2025, and Band 3 in the Chambers and Partners Asia-Pacific 2024 Guide for Dispute Resolution – The Bar.

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