Rafe Muston

Senior Associate Pouarataki Pāhake

Rafe is an experienced civil litigator with a background in tax and construction litigation.

Rafe is experienced in acting for plaintiffs and defendants in high-value, complex litigation in the Taxation Review Authority, High Court, Court of Appeal and in arbitrations. He advises on a wide range of issues in the contentious construction and infrastructure space including assisting parties with latent defect claims, resolving contractual disputes, and providing advice on disputed variation claims, extensions of time and delays. Rafe has a particular expertise in complex procedural matters and trial management in litigation before the High Court.

Experienced across a range of dispute resolution forums, Rafe has acted for principals and consultants in the construction and infrastructure space and public bodies in the tax and latent defect claim space.

Clients value Rafe’s no-nonsense attitude, technical skill, and work ethic. Through his careful attention to detail, technical expertise, and robust consideration of the legal issues, Rafe has contributed to the successful resolution of disputes in both the tax and construction and infrastructure spaces through settlement, mediation, and substantive trial.

Prior to joining MinterEllisonRuddWatts, Rafe was on secondment from Inland Revenue (where he worked as a litigator) to the Revenue Team at Crown Law. He is a member of the Society of Construction Law and Infrastructure New Zealand.

Rafe has been published in the New Zealand Law Journal on efficient case management in the context of complex High Court proceedings.

Career highlights

Advising and appearing for Rau Paenga Limited in proceedings seeking interim measures to preserve the status quo for the Parakiore facility.

Advising Metlifecare in the Metlifecare v James Hardie litigation, including advising and appearing on complex interlocutory matters.

In the context of a design-build contract and arbitral proceedings, advising the designer on a contractual dispute involving 40 separate variation claims.

Providing advice to a principal on the operation of the dispute resolution, variation, and extension of time clauses in an amended version of NZS 3910:2013

  • Member, Society of Construction Law New Zealand
Achievements and recognition
  • Band 1, Construction
  • Tier 1 team, Construction