Frequently asked questions

A set of independent barristers who share premises, administration and collegial support, while each practises on their own account. Instructing one barrister does not engage the whole chambers — you deal with a single advocate, with the experience of the set behind them. Wakatipu Chambers is home to two founding barristers, Piers Blomfield and Brett Harris.

Between our two barristers, most of what a person or business in the district is likely to need. Piers Blomfield practises in criminal defence, traffic matters, family law, estates and immigration; Brett Harris in commercial and contract disputes, construction, rural and land law, insurance and regulatory work, employment and mediation. If a matter falls outside those areas, we say so and help you find the right specialist.

Start with an enquiry through this site. It comes straight to chambers, we match it to the barrister whose practice fits, and he will be in touch to arrange an initial conversation — without obligation, and with nothing billed until a fee has been agreed and you decide to go ahead.

Chambers is at Unit 1, Level 2, 36 Shotover Street, Queenstown 9300 — in the centre of town. In-person meetings happen there, but much of our work runs by phone and video, and as barristers we appear in courts throughout New Zealand, so being outside Queenstown is rarely an obstacle.

It depends on the barrister and the matter. Piers Blomfield holds New Zealand Law Society authority to take instructions directly, so clients can come to him without an instructing solicitor. Brett Harris generally accepts briefs from solicitors and law firms in the traditional way. Make an enquiry and we will tell you plainly which route applies to your matter.

The one whose practice fits it. Criminal, family, family protection and immigration matters go to Piers Blomfield; civil, commercial, insurance, employment and regulatory matters go to Brett Harris. Every enquiry through the site is routed to the right advocate from the start — you will not be handed between lawyers.

Openly, and up front. The first conversation is a no-obligation call to understand the matter, and fees are discussed and agreed before any work begins — including, where the matter suits it, an estimate of the likely stages and their cost. Legal Aid is available for eligible criminal and family matters through Piers, an accredited lead provider.

Generally, no — exercise your right to silence and ask to speak with a lawyer first. There are limited exceptions (for example, providing identifying information or alibi details). Anything you say can be used against you, and what feels like a friendly chat is rarely just a chat. Contact chambers before the interview if at all possible — urgent criminal matters are treated as a priority.

A Judge Alone Trial (JAT) is heard by a District Court judge sitting without a jury — the judge decides both the law and the facts. A jury trial — typically in the High Court for serious matters, or the District Court for some Category 3 offences — has a jury of 12 deciding the facts, while the judge rules on the law and the sentence. JATs are usually quicker and cheaper, and can be the right call for technical defences. The choice between the two is a strategic decision and one of the first conversations we have.

Strangulation, codified in section 189A of the Crimes Act 1961 (introduced December 2018), is the offence of intentionally or recklessly impeding another person's breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth. It carries a maximum penalty of 7 years' imprisonment. Aggravating factors set out in Ackland v Police [2019] include offending in an intimate relationship, accompanying threats, loss of consciousness, multiple incidents, and breach of protection orders. This is a recognised area of our criminal practice.

The Criminal Records (Clean Slate) Act 2004 lets people with minor criminal histories avoid disclosing them in most situations — once they have gone seven years without a new conviction, served no custodial sentence, completed all sentences and fines, and have no excluded offence types. There are exceptions: roles working with children or vulnerable people, immigration applications, and certain professional licences may still require full disclosure.

Most first appearances are short and largely administrative: the charges are confirmed, disclosure is requested, and bail and any conditions are addressed. In most cases you will not need to enter a plea that day — the matter is remanded so the police disclosure can be reviewed and advice taken. The conditions set at that first appearance can stand for months, so it pays to have a lawyer engaged before you walk in.

You can apply, but the threshold is high. Under section 200 of the Criminal Procedure Act 2011 the court may suppress a defendant's identity only on specific grounds — including that publication would be likely to cause extreme hardship to the defendant or people connected with them — and embarrassment or ordinary damage to reputation is not enough. Interim suppression can be sought at the first appearance, so raise it early. We give a realistic view on whether the threshold is arguable before any application is made.

It depends on the reading. Between 250 and 400 micrograms of alcohol per litre of breath the matter is handled as an infringement — the cost is 50 demerit points plus a fine, and no conviction is entered. Past 400 micrograms you will be prosecuted; a conviction typically carries six months off the road plus a fine, and at high readings the police can impose an immediate 28-day licence suspension at the roadside. Even where disqualification follows, a Limited Licence or a section 94 application can provide a route back — the licence is often not as lost as it looks.

It turns on the hardship you can show. If being unable to drive would cause extreme hardship to you, or undue hardship to another person or organisation, the District Court can grant a Limited Licence under sections 103–105 of the Land Transport Act 1998 — a licence to drive for a defined purpose, on conditions. A court-imposed disqualification carries a mandatory 28-day stand-down before you can apply; a demerit-points suspension has none. There are exclusions — including indefinite disqualification and disqualification imposed for driving while disqualified — and these applications succeed on well-prepared affidavit evidence, so start the planning early.

An alcohol interlock is a breath-testing device installed in your vehicle — the car will not start until you pass the test. Where the drink driving offending is serious or repeated, the court can order one on conviction, and for repeat offenders it is often the practical way back behind the wheel. The interlock regime carries its own statutory rules and affects what else is available — an interlock sentence under section 65AC, for example, rules out a section 94 substitution — so exactly how an order would work in your case needs careful attention at sentencing.

The Property (Relationships) Act 1976 governs asset division in NZ. After a marriage, civil union or de facto relationship of three years or more, relationship property — the family home, joint accounts, KiwiSaver contributions during the relationship, vehicles, businesses — is usually split equally (50/50). Separate property, like assets owned before the relationship, inheritances or gifts, is generally excluded. There are exceptions for short relationships, significant economic disparity, and — rarely — extraordinary circumstances that would make equal sharing repugnant to justice.

New Zealand requires a two-year separation period before either party can apply for divorce (a Dissolution of Marriage Order). Once filed, if both parties agree and there are no children of the marriage, the order is usually granted within 4–6 weeks without a hearing. Contested divorces or matters involving children take longer.

Yes — under New Zealand law, you can be "separated under one roof" while continuing to live in the same property, provided the relationship has ended in substance (separate finances, sleeping arrangements, social lives, and intent). A separation agreement can record the date of separation and the practical arrangements, which is useful when applying for divorce later or sorting out relationship property.

A contracting out agreement under section 21 of the Property (Relationships) Act lets a couple decide how their property will be divided if the relationship ends — overriding the default 50/50 rule. Both parties must take independent legal advice for the agreement to be enforceable. They are most useful where one partner has substantial pre-relationship assets, a business, an inheritance, or children from a previous relationship.

It depends when the contributions were made. In a qualifying relationship, the portion of each KiwiSaver balance built up while the relationship was on foot is treated as relationship property, while anything contributed beforehand generally stays separate. Any split is dealt with by agreement (each partner separately advised by their own lawyer) or by a Family Court order transferring funds from one KiwiSaver account to the other — the money cannot be withdrawn as cash to settle a claim. Where both partners hold similar balances, the division often simply offsets and nothing changes hands.

Usually not. Most parenting arrangements are agreed between the parents directly or through Family Dispute Resolution, and never need a judge. The Family Court is the backstop for cases that genuinely cannot be resolved — and even there, many matters settle before a defended hearing. Court is the last step, not the first.

An independent lawyer the Family Court usually appoints in contested parenting proceedings. Their role is to represent the child's interests and make sure the child's views reach the judge — they act for the child, not for either parent. Their involvement is a normal part of a defended parenting case, not a sign anything has gone wrong.

Generally, yes — the Family Court expects FDR to have been attempted before it will accept a parenting application. There are exemptions, family violence and genuine urgency among them. Whether an exemption applies to your situation is worth checking before anything is filed.

Yes. Parenting arrangements are never locked in forever — children's needs change with age, school and circumstances, and both agreements and court orders can be varied. Where a child's welfare is in issue the Family Court always retains oversight. The practical course is usually to attempt agreement or FDR on the change first, with a court application as the fallback.

Only defined categories of people. Under the Family Protection Act 1955 the claimants are spouses and civil union partners, de facto partners, children (including adult children), grandchildren in some circumstances, and stepchildren or parents who were financially dependent on the deceased. Separate validity challenges — capacity, undue influence, fraud or forgery, or defects under the Wills Act 2007 — can be brought by people with an interest in the estate. Which route applies depends on your relationship to the deceased and what happened when the will was made.

Twelve months from the grant of administration — usually the grant of probate — under section 9 of the Act. The court has a limited discretion to extend, but late claims face real difficulty — particularly once the estate has been distributed. The practical answer is to take advice as soon as you suspect you may have grounds: evidence is fresher, the estate is intact, and settlement options are still open.

It is the obligation a will-maker owes to provide proper maintenance and support for close family, judged by the standard of a wise and just testator. The courts weigh the claimant's financial position, the relationship and any estrangement, the size of the estate and the claims of other beneficiaries — and since Williams v Aucutt, "support" includes recognising a claimant's place in the family, not only financial need. It is a fact-specific assessment, not a formula.

Very rarely. In our experience the great majority of Family Protection Act claims settle at mediation or are withdrawn — very few run all the way to a trial decision. That shapes the strategy on both sides: an honest early view of the claim's strength, and preparation aimed at mediation, is usually what decides the outcome.

Yes — and directly. Piers Blomfield holds New Zealand Law Society authority to take instructions without an instructing solicitor, so you deal with one lawyer from first call to outcome. Chambers assists with Skilled Migrant residence, Accredited Employer Work Visas, partnership visas, and the harder end of the spectrum — overstays, character issues and appeals.

Act before Immigration New Zealand does. Voluntary contact — sometimes paired with voluntary departure — is treated very differently from being located through enforcement, and it keeps more options open. The consequences of waiting are real: deportation liability and re-entry bans of one to five years that affect every future application. Early advice genuinely changes outcomes here.

Where a matter has an Australian element, yes. Piers retains a current New South Wales practising certificate from nearly three decades in Australia, and can assist with the Australian side of trans-Tasman matters alongside the New Zealand work. For purely Australian matters we will tell you honestly whether we are the right fit or whether an Australian-based specialist serves you better.

It depends which visa was declined and why. Some decisions can be reconsidered by Immigration New Zealand; others carry appeal rights to the Immigration and Protection Tribunal. The one constant is the clock — appeal windows are typically 28 or 42 working days from the decision, and the right is lost once they close. Get advice immediately rather than waiting.

Usually not. Most civil disputes settle by negotiation or mediation — confidential, without-prejudice processes that are faster and far cheaper than a hearing. Claims under $60,000 can also go to the Disputes Tribunal, where lawyers generally do not appear. We prepare every matter as though it will be heard, because trial-ready cases settle on the best terms.

It tracks the money. Claims to $60,000 belong in the Disputes Tribunal, claims to $350,000 in the District Court, and above that the High Court. The tiers differ in far more than jurisdiction — costs recovery, disclosure, speed and formality all change — and a claimant slightly over a limit can abandon the excess to use a lower tier. Forum choice is a genuine strategic decision, made once.

It depends on the forum and how far the matter runs, and we give a realistic estimate at the outset rather than a number here. Two structural points matter: in the courts the loser usually pays a contribution toward the winner's costs, so exposure runs both ways; and settlement tools like Calderbank offers can shift costs risk onto a party who unreasonably refuses a fair offer. Most disputes settle well before trial — which is usually the best cost decision of all.

Tribunal matters are typically heard within months. A defended District Court case runs a year or more; defended High Court litigation with full discovery is routinely a multi-year commitment. Those timeframes are one reason most commercial disputes resolve at the mediation built into court timetables — and why summary judgment, where available, is worth pursuing.

A claim for weathertightness defects in a home. The Weathertight Homes Resolution Services Act 2006 gives owners a government-funded assessment and access to the specialist Weathertight Homes Tribunal as an alternative to court. Claims must generally be brought within 10 years of the work being done, and councils, builders and developers are commonly joined as parties.

It depends on the dates, not the damage. The Building Act's ten-year longstop runs from the building work or code compliance certificate — not from when you discovered the problem — and once it has passed, the claim is gone regardless of merit. If you are anywhere near the limit, act immediately: lodging a WHRS claim stops the clock, and the assessment can catch up afterwards.

Usually several parties between them. Builders, developers, councils, subcontractors and suppliers are commonly joined to one claim, and the tribunal or court allocates shares of responsibility through contribution claims between them. In practice recovery depends on who is still solvent — original builders are often wound up, which is why councils frequently carry a significant share of these claims.

For most residential weathertightness claims, the Weathertight Homes Tribunal — it is a specialist forum, faster and less formal than court, it can pull every responsible party into the one proceeding, and its determinations are enforceable like judgments. Larger or multi-unit disputes can belong in the High Court. It is a choice made once, with advice, after the assessor's report is in.

Yes — the dispute side is chambers work. Where succession has gone wrong — promises unhonoured, siblings at odds, a sale forced or resisted — we act in the negotiation, mediation and litigation that follows. For the forward-planning side (structures, wills, ownership vehicles), a trust and succession specialist is usually the right first stop, and we work alongside them where a dispute is already brewing.

Start with the documents, not the fence line. Titles, survey plans and easement instruments usually establish the legal position, and an early analysis often resolves the question before it becomes a war of attrition between neighbours. Where a genuine dispute remains, negotiation and mediation resolve most of them; the courts are there for the ones that will not move.

Treat it as seriously as a prosecution, because it can become one. RMA enforcement and MPI investigations both carry potential criminal consequences, and what is said in early interviews shapes the whole file. Take advice before responding, engage with the investigator through counsel, and deal with any underlying compliance issue in parallel — early, careful engagement is regularly what keeps a file from becoming a charge.

Yes. The practice is anchored in Queenstown and the Southern Lakes, but chambers acts across Central Otago and the wider South Island, and Brett also takes instructions in Auckland. Distance rarely limits rural work — most of a file runs on documents and video, with appearances travelled to where they are.

Notify WorkSafe if it is a notifiable event, preserve the scene where required, and take legal advice before giving interviews. A WorkSafe investigation can lead to prosecution under the Health and Safety at Work Act 2015, but alternatives such as enforceable undertakings may be available. What is said in the first days shapes everything that follows — involve counsel early.

Get the decline reviewed before accepting it. A declinature is the insurer's legal position — built on its reading of the policy wording, the exclusions and your disclosure — and those readings are contestable more often than policyholders assume. We review the decline against the wording and the claim history and give an honest view: if it is right we will say so, and if it is arguable there are established paths for challenging it, from negotiation through to proceedings.

A binding alternative to prosecution under section 123 of the Health and Safety at Work Act 2015. The duty-holder commits to a funded, monitored programme — remediation and amends for victims, safety improvements beyond compliance, and wider industry benefit — and if WorkSafe accepts it, the prosecution does not proceed. It typically costs as much as or more than the likely fine and is published publicly; what it avoids is the conviction. It is not available for the most serious charges, and acceptance is at WorkSafe's discretion.

A coroner inquires into the circumstances of a death — how and why it happened — and can make recommendations to prevent similar deaths. It is not a criminal trial and no one is convicted at it, but the findings matter for families, businesses and insurers alike, and it usually follows an earlier Police or regulatory investigation. Interested parties are entitled to legal representation, and being properly represented shapes both the questions asked and the findings made.

Generally 90 days from when the grievance arose or came to your attention, extended to 12 months for sexual harassment claims. Late grievances need the employer's consent or the Employment Relations Authority's leave, which is granted only in exceptional circumstances — so act quickly.

Not fairly. Even a redundancy with a genuine commercial rationale must run through a fair process — consultation on the proposal, access to the information behind it, and a real opportunity to respond before the decision is made. A restructure executed without that process can produce a successful unjustified dismissal grievance even though the business case was real. If you are facing a restructure, or running one, take advice before the decision point.

It is a clause restricting what you can do after leaving — typically working for competitors or approaching clients. Whether it is enforceable depends: restraints hold only to the extent they reasonably protect a legitimate business interest, and the courts weigh the scope, duration and geographic reach against that interest. Many restraints are drafted wider than they can be enforced, and few are worthless — an honest assessment of yours is worth having before you act on either assumption.

Both, and deliberately so. The same fundamentals decide these cases from either side — the 90-day clock, the fairness of the process, the realistic value of the claim — and experience on one side directly sharpens the advice on the other. Conflicts are checked before any instruction is taken.

A mediator manages a structured negotiation — they do not decide the dispute. The day typically runs through a joint session into private caucuses, where the mediator tests each side's position candidly, carries offers between the rooms and works the gap closed. Everything is confidential and without prejudice, so nothing said there can be used in court if the matter does not settle.

Once it is signed, yes — a settlement agreement signed at mediation is an enforceable contract, and any existing proceedings are then discontinued or resolved by consent. Until signing, nothing is binding and everything remains without prejudice. That is why the drafting in the room matters: terms, timing, releases and default consequences should all be nailed down before anyone leaves.

Yes — Brett accepts appointments as mediator in commercial disputes, and parties or their advisers can approach chambers directly about availability and terms. He has been a qualified commercial mediator since 2008. One boundary is fixed: where Brett sits as mediator, chambers is the neutral for that dispute and cannot act as counsel for either side.

No. Chambers is on Shotover Street in central Queenstown, but as barristers we appear in District and High Courts across New Zealand. Piers takes Family Protection Act estate litigation from anywhere in the country by online video, and Brett also accepts briefs in Auckland. Where you live rarely limits whether we can act.

Most matters can be handled by phone or video without travel either way. Where an in-person meeting is needed, chambers at Unit 1, Level 2, 36 Shotover Street is usually the practical option. For matters listed in the Queenstown District Court we will be in town anyway, which makes a face-to-face meeting straightforward.

Yes. As barristers we can appear in any New Zealand District or High Court, and matters outside Queenstown are typically run by a combination of remote preparation and travel for the appearances that need it. Piers also retains a current New South Wales practising certificate, so matters with an Australian element can be assisted too.

Yes. Estate litigation in particular runs almost entirely by video — instructions, affidavit preparation and mediation can all happen remotely — and most other matters start with a short call by phone or video. In-person appointments at chambers are always available where you prefer them.