Peter C. Kelly: Barrister

This is Peter Kelly's long-form résumé/website. For the more concise version, please see his Chambers webpage. Peter can be contacted via his Chambers secretary at 04 914 1050.

Qualifications and experience

Peter holds a first class LLB (Hons) degree from Victoria University of Wellington, and a Master of Management degree, awarded with distinction, with the research component entitled "Collaborative governance in the Western Australia wholesale electricity market". Peter was an electoral official for five years from 2000-2004, and then moved into contracted project management, consulting, and business advisory roles. Employed by Catalyst IT in 2009, he was their Legal Manager for a number of years, employing a solicitor and clerk to provide in-house commercial and corporate advice. Peter then joined the Dentons Kensington Swan corporate and commercial team, initially as a Legal Advisor, before moving to the bar in 2023.

As a barrister

Peter's work as a barrister has included:

providing written opinions on commercial disputes
facilitating settlement of disputes through arranging and participating in mediation and/or expert determination processes
representation of clients in complex disputes, including with overseas parties
advocacy before the Courts, including submissions to the Supreme Court and Court of Appeal, and appearances in the High Court, District Court, Employment Court, Employment Relations Authority, and Family Court.

Profiles of legal services performed

Note that engagements do not necessarily equate to seeing a matter through the Court process to hearing: many potential civil claims do not reach that point.

General commercial litigation

Advice relating to technology law, including digital evidence in litigation, digital property, blockchain, and cryptocurrency.
Disputes relating to real estate, including private nuisance, damage by fire, wilful damage, and caveat/easement and land access issues.
Litigation under the Companies Act 1993 involving contested corporate control.
Litigation under the Resource Management Act 1991 featuring issues such as judicial review of non-notification, the correct interpretation of planning instruments, and litigation involving herpetology, avifauna, and other ecological evidence.
A District Court shipping case featuring a claim of promissory estoppel and applications for injunctions.
A District Court breach of contract claim relating to the sale and purchase of a business.
A District Court claim of breach of contract and breach of stakeholder duty relating to sale and purchase of commercial real estate.
Advice in relation to fraud: see testimonial by Tom Eastman elsewhere on this page. Where appropriate, dealing with fraud can including equitable tracing of assets, and seeking freezing orders and/or search orders under the High Court Rules 2016.

Personal litigation

Although it is often difficult, I am committed to working in the area where people's rights to privacy and autonomy intersect with the rights of others, including free speech. Depending on the facts of the case, this can involve a range of legal instruments, including tort law, the Defamation Act 1992, the Harmful Digital Communications Act 2015, the Harassment Act 1997, and the Family Violence Act 2018. Engagements have included:

Civil proceedings under the Harmful Digital Communications Act 2015, including dealing with anonymous accounts. My extensive technology skills and excellent connections with researchers facilitate collating harmful tweets, posts, and other communications and managing the process of placing them before NetSafe and the District Court.
Defamation proceedings in the High Court, acting for clients in the rainbow community seeking to vindicate their rights in the face of online abuse and intimidation.
Protection of Personal and Property Rights 1988 matters in the Family Court, including in relation to misuse of enduring powers of attorney; and involving Property Guardian and Welfare Guardian roles.

Trusts and estates

Advice and representation in relation to estate disputes. While avoiding litigation and achieving resolution as promptly as possible while doing as little harm as possible to family relationships is usually everyone's goal, at a certain point filing proceedings in the High Court is the best way to get resolution.
Advice and representation in relation to family trusts. Trusts are an area where I have significant expertise. I have published in the area and have been involved in major trust litigation, including steps in the Family Court and High Court under the Trusts Act 2019. I am familiar with the statutory trustee companies and a range of private providers, and so am well placed to assist either trustees or beneficiaries with disputes that need resolution. Julia, a family trust client, provided the testimonial featured elsewhere on this page.

Employment law

Employment advice to employers. I have provided employment advice to employers in industries including shipping, real estate, car sales, the trades, and non-profit organisations.
Employment and contracting advice to employees. I have advised employees / contractors on their rights in a range of sectors, from central government agencies to the trades.
My employment law work has included attending mediations on behalf of either employers or employees; and final resolution of grievances either through settlement or through steps at the Employment Relations Authority, Employment Court, Court of Appeal, and (on one occasion and in respect of an unsuccessful application to appeal) the Supreme Court.
A particular interest of mine is seeking leave to enforce employment obligations directly against the people who ultimately controlled a now-insolvent business, through section 142Y of the Employment Relations Act 2000. This is called "piercing the corporate veil".

Public and medico-legal law

Advice and representation in relation to the Health Practitioners Competence Assurance Act 2003, where the responsible authorities are the Medical Council of New Zealand, the Pharmacy Council, the Osteopathic Council, the Midwifery Council, the Dental Council, the Chiropractic Board, the Dietitians Board, the Medical Radiation Technologists Board, the Medical Sciences Council of New Zealand, the Nursing Council of New Zealand, the Occupational Therapy Board, the Optometrists and Dispensing Opticians Board, the Physiotherapy Board, the Podiatrists Board, and the Psychologists Board. This includes advice for practitioners or patients in respect of Competence Review Committee or Professional Conduct Committee processes.
Judicial review under the Judicial Review Procedure Act 2016 or otherwise, including relief under the Declaratory Judgments Act 1908.
Where appropriate, individual decision-makers can also be held to account under torts such as misfeasance in public office or the tort of malicious prosecution, although potential plaintiffs are warned that there is a high evidential bar to clear before proceedings should be commenced.

Testimonials

“After we discovered malfeasance by a member of our committee, Mr Kelly provided our incorporated society and registered charity with a clear-eyed assessment of our options and of the situation. Peter is forthright, an excellent communicator, and he treated us with consummate professionalism as we navigated challenging circumstances.”

— Tom Eastman, President of Python New Zealand

“When I started working with Peter, I had been separated for more than three years without progress on the family trust and relationship property I shared with my ex-husband. Peter recorded what had happened and structured my affidavits clearly so that a judge could see that our trust needed intervention, and the court appointed new trustees. Peter was then central to the negotiations, mediation, and settlement that followed. I got a good outcome and the family farm was kept in the family. I am extremely grateful for his expert advice and the work he did to achieve that result, and recommend him highly.”

— Julia

Memberships and Publications

Publications

‘Reforming Family Law Without Compromising the Integrity of Trust Law: Recognising Wealth Held in Trust When Reallocating Family Property on Separation’ (2023) 30 CantaLR 161
‘Contracting out Rules for Family Income Sharing Arrangements: Providing Certainty and Protecting the Vulnerable’ (2021) 52 VUWLR 89

Professional affiliations

Member of the New Zealand Bar Association
Member of the Family Law Section of the New Zealand Law Society
Member of the Legal Research Foundation

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