Government Law Conference 2022
Receive a comprehensive round up of the latest developments, cases, new legislation and trends impacting the public sector delivered by Queens Counsel and leading practitioners. With the sector facing a proliferation of inquiries, and a need for a deeper understanding of judicial review and remedies, there is no better opportunity than this conference to catch-up on the latest in the area. You will also unpick the key focus areas in procurement and contracting that you need to know. 229NZW02
Description
Attend and earn 7 CPD hours
Chair: Ben Keith, Barrister, Thorndon Chambers
ADMINISTRATIVE LAW
9.00am to 10.00am Current Legal Issues Affecting Public Inquiries
- Restrictions on findings of civil, criminal or disciplinary liability
- The natural justice obligations of Inquiries
- Dealing with claims of privilege or confidentiality
- The privilege against self-incrimination
- Non-publication orders
Presented by Simon Mount KC, Bankside Chambers
10.00am to 11.00am A Practical Guide to Public Law Remedies
- Available public law remedies, including monetary remedies
- The discretion as to remedies in public law, and its implications
- Practical general suggestions on how to formulate and defend claims for public law remedies
Presented by Matthew Smith, Barrister, Thorndon Chambers
11.00am to 11.15am Morning Tea Break
JUDICIAL REVIEW IN 2022: PROCEDURAL ISSUES & LATEST DEVELOPMENTS
11.15am to 12.15pm Judicial Review: Recent Cases and Trends
- A review of recent and interesting judicial review decisions and key developments
- The implications for your clients or department
- Identification of areas for further development
Presented by Victoria Casey KC, Clifton Chambers
12.15pm to 1.15pm Interim Orders in Judicial Review
- When can the High Court grant interim orders?
- Applying for, and defending, applications for interim orders
- Procedural alternatives to interim orders
Presented by Jonathan Orpin-Dowell, Barrister, Stout Street Chambers
1.15pm to 2.00pm Lunch
PROCUREMENT, PROJECTS & TRANSACTIONS
Chair: Jeremy Ford, Juno Legal; Legal Lead at Let’s Get Wellington Moving
2.00pm to 2.45pm Legal Challenge to Procurement Decisions
- Case law update on judicial review
- Breach of process contract
- Conflicts of interest
Presented by Mei Fern Johnson, Partner - Corporate Advisory and Ruth Egermayer, Senior Solicitor, Russell McVeagh
2.45pm to 3.30pm Alternative and Innovative Contracting Models for Procurement
- The latest trends in government contracting and procurement
- Overview of alternate models: What's out there and what are people using?
- The challenges and benefits of different alternate models
- When and how should you use alternate models?
- Examples and real world insights into how these models work in practice
Presented by Amy Rutherford, Partner, Greenwood Roche
3.30pm to 3.45pm Afternoon Tea Break
CASE STUDY
3.45pm to 4.30pm ‘Let’s Get Wellington Moving’: An Inside Look at Some Innovative Transport Projects
Join Jeremy Ford for an interesting and informative look at legal innovations and insights from Wellington’s major transport projects.
Presented by Jeremy Ford, Juno Legal; Legal Lead at Let’s Get Wellington Moving
4.40pm to 5.15pm Public Sector Contracting for Technology
Presented by Jane Parker, Partner, MinterEllisonRuddWatts
Learning Objectives:
- Understand the current legal issues affecting public inquiries
- Receive a practical guide on public law remedies
- Be updated on key developments in judicial review, including recent cases, trends and interim orders
- Gain insights into legal challenges to procurement decisions
- Understand alternative and innovative contracting models for procurement
- Review innovative transport projects
- Be updated on public sector contracting for technology
Presenters
Ben Keith
Ben Keith is a barrister at Thorndon Chambers, Wellington, principally practising in administrative, constitutional, human rights and public international law. He has also worked as a specialist Crown Counsel in several fields within the New Zealand Crown Law Office and, from 2014-, 2017, was the first Deputy Inspector-General of Intelligence and Security. Ben has appeared at all levels of the New Zealand court system, including matters before the Court of Appeal, Supreme Court, Privy Council and the Waitangi Tribunal. Significant matters include precedent decisions in civil procedure, public and private international law, human rights and regulatory/investigatory powers; several significant inquiries; and work before several United Nations fora and in other jurisdictions. Advisory work has included numerous published legal opinions, contributions to the policy and drafting of legislation in several fields and advice across most aspects of government administration., Ben is currently a member of the New Zealand Law Society Public and Administrative Law committee and co-chair for the 2018 conference of the Australian and New Zealand Society of International Law. Further information is available at http://www.chambers.co.nz/our-barristers/ben-, keith/
Simon Mount KC
Simon Mount KC practises in Auckland and Wellington. He specialises in public law, criminal and regulatory law including health and safety, professional discipline and public inquiries. Simon began his career as a Judges Clerk in 1995, received a Fulbright Scholarship in 1997, and an LLM degree from Columbia Law School in New York in 1999. He was a Crown Prosecutor for 10 years before joining the independent bar and working primarily in the fields of public law, inquiries, regulatory law, criminal law and professional discipline. He is admitted to practise in the Cook Islands and is the Attorney-General for the Pitcairn Islands. He is an updating editor of Cross on Evidence, and a frequent author and presenter in the areas of public law, inquiries, evidence, criminal and medical law.
Matthew Smith
Matthew Smith is a barrister at Thorndon Chambers in Wellington. He has a broad public and commercial law practice, encompassing regulatory, Māori, human rights and environmental law, and with a special expertise in judicial review and the use of public law tools to achieve meaningful outcomes for clients. Matthew works across the entire range of public law and has acted for public sector bodies (including Crown entities and commissions of inquiry), individuals, entities of many kinds (including companies, incorporated societies, trusts and Māori incorporations), industry groups and NGOs. He has appeared in all of the higher Courts, and in a number of specialist courts and tribunals - including the Waitangi Tribunal and the Māori Land Court. Matthew's non-litigation work tends to involve the provision of legal and strategic advice and support in a range of settings, including public inquiries, regulatory investigations, consultation processes and Parliamentary/law reform processes. Matthew is the sole author of the New Zealand Judicial Review Handbook - a comprehensive text on judicial review in New Zealand that is now in its second edition.
Victoria Casey KC
Victoria Casey specialises in civil litigation with a particular focus on the interface between public and commercial law. She has worked across a range of sectors including energy, construction, finance, health and disability, local government and central government agencies. Victoria the independent bar in 2012, becoming a QC in 2016. She has previously worked as Crown Counsel with the Crown Law Office's Human Rights and Tax & Commercial Teams, and with Bell Gully, Meredith Connell and Sly and Weigall (Canberra). She has appeared in the Supreme Court, Court of Appeal, High Court, District Court and specialist tribunals, and has acted as counsel assisting under the Inquiries Act. Victoria is a Council member of the New Zealand Bar Association.
Jonathan Orpin-Dowell
Jonathan is a Wellington based barrister who has practiced at the independent bar since 2009. He practices in both commercial and public law litigation. He has experience acting both for and against decision-, makers in judicial review proceeding. He regularly provides advice on public and administrative law issues, including the legality of public decisions.
Jeremy Ford
Jeremy’s passion is to help develop and empower strong in-house legal teams and partner with their organisation to provide ‘can-do’ solutions that add real value. He has 20 years of legal experience in government and private practice roles, leading legal, policy and technical teams. As former General Counsel on the EQC Executive Team, he understands the importance of supporting an organisation through periods of intense change and crisis management. He has extensive experience in public & Crown Entity law, including Inquiries; litigation strategy; contracting & procurement; insurance and construction law. He also led the development of new regulatory schemes and the overhaul of legislation in the building and local government sectors.
Mei Fern Johnson
Mei Fern Johnson has more than 20 years’ experience advising on complex procurement and commercial arrangements between the public and private sectors, in particular, in the technology, infrastructure and energy sectors. She is experienced working on strategically important projects involving multiple counterparties and stakeholders, where the ability to develop consensus is key to success, and projects (and project documents) need to be defensible and able to stand the test of time. Mei Fern was (Acting) General Counsel for ACC in 2014-2015 and until recently, was a member of Russell McVeagh's Board of Management. She is a director of Crown Infrastructure Partners Limited (a Schedule 4A Public Finance Act company) and an independent member of the Capital and Infrastructure Committee for Te Whatu Ora Health New Zealand.
Ruth Egermayer
Ruth is a senior lawyer in Russell McVeagh's Corporate Advisory team. Ruth specialises in procurement and commercial contracts, with a particular focus on technology contracts. She regularly advises Government agencies on procurement processes, including procurement documentation and broader compliance with the Government Procurement Rules. Prior to joining Russell McVeagh, Ruth worked for several years as a lawyer in the Commercial legal team at the Ministry of Business, Innovation & Employment.
Amy Rutherford
Amy is a specialist construction lawyer who has experience across a range of energy, construction and infrastructure projects in New Zealand, Australia and the UK. Prior to joining Greenwood Roche, Amy spent over 7 years as a senior corporate in-house counsel at multi-national construction company Laing O’Rourke, in the UK and Australia. Amy has considerable experience in negotiating contracts in the rail, oil and gas, power, building and infrastructure industries including advising on contract risk allocation, risk management, supply chain management, project delivery options, tendering and procurement, contract drafting, contract administration and dispute resolution.
Jane Parker
Jane Parker is a partner at MinterEllisonRuddWatts and leads the firm's Technology team. She specialises in commercial law, particularly technology, energy, public sector contracting, procurement and governance. Jane has worked in and with organisations at various stages of maturity (theirs and hers) and regularly advises on her client's most business critical and complex projects.
Venue
InterContinental Wellington
Level 1, 2 Grey Street
Wellington 6011
New Zealand
Parking information
Limited valet parking available at $20 per day. Additional parking available at Wilson Parking with $5 per half hour and $22 for early-bird.
Parking is not included in the registration fee and price is subject to change.
Directions
The Intercontinental is a 2 min walk from Lambton Quay which has a number of buses going to airport and suburbs. It's a 10 min walk to the nearest train station.
Taxis are also available downstairs at the hotel entry.