Richard represents and advises clients on a broad range of public and commercial law issues. His clients include both public and private sector entities. Richard has particular expertise in company and insolvency disputes, regulatory enforcement, competition law, and judicial review proceedings.
Before joining Luke Cunningham Clere Richard worked for a major international law firm in Perth and Melbourne, having begun his career at a large New Zealand firm. In 2010 he was awarded a Pegasus Scholarship to work with barristers at leading commercial chambers in London.
Recent and notable work:
Regulatory enforcement
Counsel for the Reserve Bank in its first proceeding against a registered bank under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Reserve Bank v TSB Bank Ltd [2021] NZHC 2241.
Acting for the Electricity Authority on proceedings before the Rulings Panel for breaches of the Electricity Industry Participation Code.
Injuncting an Indian company passing itself off as a New Zealand government entity as part of a visa scam: Chief Executive of the Ministry of Business, Innovation and Employment v Swastik Solution Ltd [2015] NZHC 1913.
Commercial disputes
Acting against a vendor who attempted to avoid settlement of a sale of development land worth $25m: Official Assignee v Kingston [2016] NZCA 415.
Counsel for a lines company securing damages in the tort of nuisance for damage to lines: Unison Networks Ltd v Nottingham Forest Trustee Ltd [2021] NZCA 227.
Acting for a litigation-funded liquidator in the Supreme Court on a defendant’s challenge to the funding arrangements: PricewaterhouseCoopers v Walker [2018] 1 NZLR 735.
Public law and judicial review
Counsel for the Financial Markets Authority on appeal of a decision revoking the registration of a financial service provider: FXBTG Financial Ltd v Financial Markets Authority [2019] NZHC 2775.
Counsel for the Electricity Authority on an appeal of its decision not to appoint an investigator in respect of a metering services dispute: Intellihub Ltd v Genesis Energy Ltd [2021] NZHC 339.
Counsel for the Registrar of Companies on a director prohibition appeal concerning the legal effect of the statutory management of a failed property group: Brand v Registrar of Companies [2018] NZHC 3148.
Advice and investigations
Advising a local council on a threatened judicial review of its long term plan.
Advising the Chief Inspector of Corrections on a report into ‘fight clubs’ at Mount Eden prison, successfully defended on judicial review brought by the prison operator: Serco v Chief Inspector of Corrections [2016] NZHC 1859.