RACHAEL SCHMIDT-MCCLEAVE

Transcription

1 Central Chambers, Wellington Telephone (04) Fax (04) Mobile Address Central Chambers, Level 8 Civic Assurance House, Lambton Quay, PO Box 5606, Wellington 6140 Qualifications B.A., LL.B (Hons), M.A., LL.M (Hons) (Health Law) Rachael is also currently completing a Graduate Diploma in Dispute Resolution through Massey and is an Associate Member of AMINZ (the Arbitrators and Mediators Institute of New Zealand). Experience Rachael Schmidt-McCleave is an experienced litigator who has worked in New Zealand and the United Kingdom since commencing practice in Rachael has expertise in public law, education law including student disciplinary issues, general commercial litigation, medico-legal, privacy, employment and health and safety law. Rachael has regularly appeared in the District Court, High Court and Court of Appeal, as well as in other tribunals such as the Health Practitioners Disciplinary Tribunal, the Employment Relations Authority, the Māori Land Court and the Human Rights Review Tribunal, in judicial review proceedings and appeals and other general commercial litigation, health regulatory work and employment litigation. Rachael has a particular interest in health law and, especially, in the overlap between law and psychiatry. Since commencing at the Bar, she has worked extensively with responsible authorities under the Health Practitioners Competence Assurance Act 2003, as legal advisor to Professional Conduct Committees investigating complaints, and as prosecutor with respect to disciplinary charges. She is also a contract ACC reviewer/mediator with Fairway Resolution. Most recently, in the latter part of 2016 and the early part of 2017, Rachael has been working on a project with the Overseas Investment Office advising the Office on best administrative law practice in relation to applications to that Office for consent to hold sensitive New Zealand land and assets and enforcement of that legislation.

2 Rachael is the co-author of the Thomson Reuters publication Health and Safety at Work in New Zealand: Know the Law (2015). Rachael spent almost a decade with the Crown Law Office ( ) where, as an Associate Crown Counsel and Crown Counsel in the Public Law Group, she honed her expertise in public law, particularly in areas where the activities of Government interact with commerce, and in areas of regulation. During her time at Crown Law, Rachael was also seconded to the legal teams of Treasury and of the then Securities Commission (now the Financial Markets Authority) and to the Constitutional Group at Crown Law. Rachael commenced her legal career as a solicitor with Chen Palmer & Partners ( ), before moving to Russell McVeagh as a solicitor and senior solicitor in Wellington ( ) and onto Freshfields Bruckhaus Deringer as a senior associate in London ( ). Most recently, Rachael has spent two and a half years working as a senior associate in the dispute resolutions team at Minter Ellison Rudd Watts in Wellington ( ), where she was a key member of the firm s public law, health law, and health and safety law practices. Specific matters Advising the Overseas Investment Office on best administrative law practice. Advising various school Boards of Trustees in relation to employment, health and safety and student discipline matters Acting for the Health and Disability Commissioner in prosecutions before the HPDT, and in judicial review proceedings before the High Court Acting for the Ministry of Primary Industries in High Court and Court of Appeal declaratory judgment proceedings Acting for the Ministry of Education in employment contract litigation in the Employment Court Acting for the NZ Psychologists Board, the Osteopathic Council of NZ and the Podiatrists Board in general advice matters, PCC investigations and HPDT prosecutions. Advising the Plumbers Board on disciplinary and other matters. Advising the Social Workers Registration Board on disciplinary matters. Te Ohu Kaimoana Ltd (the Māori Fisheries Trust) Acting for Te Ohu Kaimoana Ltd in various proceedings under the Māori Fisheries Act 2004 and the Māori Commercial Aquaculture Settlement Act Fairway Resolution Acting as a reviewer and mediator in ACC reviews. 2

3 Ministry of Justice Acting in High Court appeals against decisions of the Legal Aid Commissioner in cases where the Crown Law Office is conflicted. The Treasury With Solicitor-General approval, acting for the Treasury in litigation between Mrs Hubbard and the former South Canterbury Finance Ltd. The Treasury Advising on various public law issues arising from the Government s Retail Deposit Guarantee Scheme and Treaty of Waitangi issues arising with respect to certain state-owned entities. Ministry of Education Advising the Ministry on issues surrounding its insurance claims in respect of schools after the Christchurch earthquakes. Representing Commerce Commission in input methodology appeals brought under Part 4 of the Commerce Act 1986 (and related judicial review proceedings). Representing Civil Aviation Authority in judicial review and appeal proceedings in respect of decisions of the Director of Civil Aviation under the Civil Aviation Act Defending the Ministry of Education against urgent injunction proceedings pending a breach of contract claim and subsequent arbitration proceedings for breach of contract. Appearing on behalf of the Ministry of Social Development and the Ministry of Business, Innovation and Employment in family court, immigration and social security appeals to the High Court and Court of Appeal. Acting for the Accident Compensation Corporation in appeals. Seminars and publications Health and Safety at Work in New Zealand: Know the Law, Thomson Reuters (2015). Author of Thomson Reuters online Health and Safety case notes and Accident Compensation case notes Consulting Editor of pending Thomson Reuters Case Tracker on Accident Compensation Declaratory Relief, Costs and Limitation of Proceedings chapters in Brookers Law of Civil Remedies (2 nd ed. Thomson Reuters, Wellington, 2011). Member of New Zealand Law Society Faculty for Litigation Skills. 3

4 Presenter, Judicial Conference on Law and Mental Health, vexatious litigants to the Australian Institute of Judicial Administrators Conference on Mental Health issues and Access to Justice, February Presenter, Health Law seminar on the changes to the Health Practitioners Competence Assurance Act, April Presenter, Lexis-Nexis Contract Law seminar on alternative dispute resolution clauses in contracts, August Presenter, Government Finance seminar on the changes to the Public Finance Act, February Nervous Shock Damages in New Zealand: The Implications for Health Providers after Palmer Journal of Law and Medicine, February Wild Law, All Care and Responsibility, NZ Wilderness Magazine, October The New Zealand Public Health and Disability Amendment Act (No 2) and restricting judicial review NZ Lawyer, 12 July The Use of Guidelines to aid Departmental and Ministerial decisionmaking when does this fetter discretion? NZ Lawyer, 9 August Alternative Dispute Resolution and the Courts (2013) New Zealand Law Journal. Mediators Duty of Care (2013) New Zealand Law Journal. Murray & ors v ACC the inherent tension between the accident compensation legislation and traditional insurance schemes Law News (ADLS), 28 March 2014 Professional and community organisations Member, Law Society Legal Standards Committee 4, Wellington Member New Zealand Bar Association. Member and Committee Member, ANZELA (Australia New Zealand Education Law Association). Committee Member, New Zealand Law Society Wellington Branch Health Law Committee. Honorary Counsel, Aorangi Ski Club, Wellington Present Coach, Under-15 Girls Kapiti Representative Team, Paraparaumu and Present Coach, Hoop Club children s basketball 4

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