Stacey Shortall MNZM

Advising the Crown and quasi-Crown agencies on implementation of Te Tiriti principles in regulatory settings. The advice has covered a broad range of issues including recognition of mātauranga Māori.

Acting for various public and private sector clients seeking to address conduct and culture matters within their organisations. The work has included responding to regulatory inquiries, together with being engaged by boards and management to conduct internal reviews. Matters have included bank conduct and culture, workplace sexual harassment and bullying, and risk culture.

Acting for various commercial insureds and insurers in respect of claims arising from the Canterbury and Wellington earthquakes. The claims, mainly for material damage and business interruption, involve a full spectrum of issues including policy interpretation, indemnity issues, and loss quantification as well as claims processing, management, and resolution. Also acting for the Earthquake Commission (EQC) on litigation matters.

Acting as lead counsel for certain company directors and officers, including Pike’s former CEO and board chairman, before the Royal Commission into the Pike Tragedy and at the Coronial Inquest. Also defending Pike’s former CEO in his prosecution for alleged health and safety violations. Regularly assists clients with coronial inquiries, internal and WorkSafe investigations following incidents, prosecutions, and crisis management.

Assisting a broad range of clients in response to high-profile incidents which have involved various regulatory agencies and media attention. Several of these clients have been based offshore and required immediate advice on complex issues of jurisdiction and potential culpability. Frequently advising clients about crisis management preparation.

Acting for directors of several failed finance companies in investigations and prosecutions by the Financial Markets Authority (FMA) of alleged breaches of the Securities Act by making purportedly untrue statements in prospectuses and investment statements.

Acting for a range of professional advisers (lawyer, accountants, auditors, and engineers) in professional negligence lawsuits, including defending clients in several cases that arose from the high-profile failure of second-tier finance companies and property developments during the Global Financial Crisis. These have been large-scale, complex commercial claims, often featuring multiple parties, occasional interplay with criminal/regulatory prosecutions, and multi-threaded litigation strategies.

Acting for clients responding to investigations involving alleged Privacy Act breaches, together with allegations of other improper conduct. This work has involved an array of issues and detailed preparation of witnesses for NZ Police and other agency interviews.