Sean McCusker
Principal - Kaihautū

BA, LLB (Hons) (Auckland)

Contact
sbm@lcc.co.nz
+64 4 473 2160

 

Sean has extensive experience in advising and representing clients in public law, commercial, and disciplinary proceedings.

Sean is also experienced as a civil and public litigator acting for a broad range of public and private sector clients in judicial reviews, commercial litigation, claims for damages under the New Zealand Bill of Rights Act 1990, and proceedings for the Commissioner of Police under the Criminal Proceeds (Recovery) Act 2009.

He routinely appears in courts and tribunals of all levels, including the District and High Courts, the Court of Appeal, and the Supreme Court.

Before joining our team, Sean started his career as a Judge’s Clerk of the Employment Court, and worked for a boutique administrative and public law firm.

Recent and notable work:

Disciplinary work:

  • Representing the Valuers Registration Board and the New Zealand Institute of Valuers in defended substantive and penalty hearings.  

  • Acting for the Investigating Committee of Engineering New Zealand in a defended disciplinary proceeding concerning the adequacy of structural engineering work.

  • Counsel for the Building Practitioners Board in appeals brought against Board disciplinary decisions. 

  • Representing the Teaching Council of Aotearoa New Zealand in disciplinary proceedings, and advising on its regulatory and disciplinary functions.

Public law and judicial review:

  • Counsel for the Police and the Department of Corrections in claims brought against it under the New Zealand Bill of Rights Act 1990 (e.g. Fielding v Attorney-General [2023] NZDC 24795; Walker v Attorney-General [2024] NZDC 1371). 

  • Acting for the Police, the Department of Corrections, and the Parole Board in judicial reviews regarding administrative decision making (e.g. Hudson v Attorney-General [2020] NZHC 3231; Smith v Chief Executive, the Department of Corrections [2020] NZHC 751; Wilson v New Zealand Parole Board [2023] NZHC 1003).

  • Junior counsel (presenting submissions) acting for a District Health Board in judicial review challenging a decision to enter into an Integrated Community Pharmacy Services Agreement: New Zealand Independent Community Pharmacy Services Group v Te Whatu Ora – Health New Zealand (formerly Hutt Valley District Health Board) [2023] NZHC 1486

  • Acting for the Commissioner of Police in proceedings under the Criminal Proceeds (Recovery) Act 2009, and managing civil forfeiture litigation for the Wellington region.

Commercial disputes:

  • Counsel for a lines company in securing damages in the tort of nuisance for damage to lines: Unison Networks Ltd v Nottingham Forest Trustee Ltd [2021] NZCA 227.