Briony Davies

Engaged by a government department to update and redraft two major pieces of secondary legislation, to reflect significant legislative changes and court decisions, and Crown obligations to Māori under settlement agreements. Briony lead a small team to re-draft the secondary legislation, including to reflect public feedback on drafts, and changing policy and operational approaches over many years.

Advised a state-owned enterprise, following a major incident. The incident led to multiple investigations, presenting significant regulatory risk. Briony provided legal and strategic advice to manage political, legal and commercial risks, and ensure compliance with external regulatory requirements.

Acted for the Minister for Local Government and the Secretary for Local Government in declaratory judgment proceedings brought by Timaru, Whangarei, and Waimakariri district councils. The councils sought declarations on democratic governance principles and council ownership rights. Briony collaborated with Crown Law and Kings Counsel, addressing complex issues of policy-making and legislative reform. The two-day trial in June 2022 resulted in a significant win in February 2023, affirming the legislative reforms and parliamentary sovereignty.

Advised a regulatory body on its first internal review of a decision to decline an application for an exemption. Briony established the internal review process, assessed compliance with legislation and public law principles, and provided extensive comments on the draft review report. Briony's role included issuing a letter of assurance confirming the review's appropriateness and legality. This support ensured robust review practices, aligning with best practice and public law principles.

Advised a financial service provider on defending a discrimination claim in the Human Rights Review Tribunal. This involved balancing AML/CFT Act compliance with non-discriminatory practices. Briony and her team achieved a favourable settlement within seven months, significantly faster than the average two-year duration for Tribunal proceedings.

Advised a Crown entity on responding to the NZ Royal Commission Covid-19 Lessons Learned inquiry. This involved navigating expanded Terms of Reference, addressing legal privilege, and managing a sizable Production Order. The high-profile nature of the inquiry and its significant implications for the entity's pandemic response were key considerations.

Advised a community trust on embedding Treaty of Waitangi and Te Ao Māori obligations into governance. This involved peer reviewing initial legal advice, providing detailed guidance on Treaty principles, suggesting drafting alternatives, and comparing other organisations' approaches. This informed discussions among the Trust's leadership, ensuring appropriate governance and operational decisions.

Engaged by Crown agencies across the environmental, media, transport, emergency response, and health sectors on their public law decision making and governance functions and powers, privacy obligations, and public law dispute resolution and strategic issues.