Tim Bain
Partner - Tumuaki

BA LLB (Hons)

Contact
tgb@lcc.co.nz
+64 4 473 2165

 

Tim is a litigation and public law specialist with a broad practice.  He is an experienced criminal and regulatory prosecutor, routinely conducting jury and Judge-alone trials for the Crown and public bodies – alongside frequent professional disciplinary proceedings.  He also is a practiced advocate for public entities whose decisions have been challenged on appeal.

Aside from litigation, Tim’s practice focuses on advising public sector clients on their statutory powers and duties, and assisting with investigations.  This includes providing legal and strategic advice on enforcement options, advising on the exercise of statutory powers, and ensuring that clients meet the common law and statutory obligations that govern the exercise of public power.

Tim has a keen academic interest in the law. He has been published multiple times in legal journals and often drafts submissions on law reform issues. He sits on the Courthouse Committee of the New Zealand Law Society and previously held a role on the Law Reform Committee. Prior to joining the firm, he clerked for the then-Chief Justice at the Supreme Court of New Zealand.

 Recent and notable cases

  •  Representing WorkSafe New Zealand before the Full Court of the High Court in the guideline judgment for sentencing under the Health and Safety at Work Act 2015:  Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020, [2018] 3 NZLR 881.

  •  Representing a Standards Committee of the New Zealand Law Society in the first disciplinary prosecution under the Lawyers and Conveyancers Act 2006 for sexual misconduct against employees, both at first instance and in the appeal to the Full Court of the High Court:  National Standards Committee (No 1) of the New Zealand Law Society v Gardner-Hopkins [2022] NZHC 1709, [2022] 3 NZLR 452.

  •  Representing WorkSafe New Zealand in an appeal alleging officially-induced error:  Southern Pallet Recycling Ltd v WorkSafe New Zealand [2022] NZHC 1042.

  •  Representing the Crown in a six-week High Court jury trial, and subsequent Court of Appeal proceedings, relating to a large-scale methamphetamine dealing ring: McMillan v R [2022] NZCA 128.

  •  Representing the Crown in a five-week High Court trial relating to tax evasion:  R v Kampeng & Ors [2019] NZHC 2500.

  • Representing WorkSafe New Zealand in a trial relating to a serious worker injury, and the corresponding conviction appeal:   Progressive Meats Ltd v WorkSafe New Zealand [2023] NZHC 3784.

  • Representing the Electricity Authority in appeals against its decisions to not intervene in wholesale electricity prices during a grid emergency:  Haast Energy Trading Ltd & Anor v Electricity Authority [2024] NZHC 195.

  • Representing the Commerce Commission in appeals against its input methodology and default price path decisions for gas pipeline businesses regulated by Part 4 of the Commerce Act 1986:  Major Gas Users’ Group Inc v Commerce Commission [2024] NZHC 959