Publications. List of Major Matters 1994-July 2013

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1 Francis Cooke QC (64 4) Publications The Future of Public Law in New Zealand: a tale of two elephants NZLS Administrative Law Intensive, February 2011 Judicial Review, NZLS Seminar, May 2007, July 2010, May 2012 A Personal Word (2008) 39 VUWLR 15 Relief at Last, NZLS Administrative Law Intensive, August 2008 Diagnostic Medlab: was the diagnosis correct? [2008] NZLJ 166 Lest we Forget, NZLS Judicial Review Intensive, September 2007 Misrepresentation and Fraud, Laws of New Zealand 2013 List of Major Matters 1994-July 2013 Great Christchurch Buildings Trust v Church Property Trustees [2013] NZCA 331 C v Legal Services Commissioner [2013] NZHC 1758 Mailley v District Court at North Shore [2013] NZCA 266 Independent Fisheries Ltd v Minister for Canterbury Earthquake Recovery [2013] 2 NZLR 397 (SC) Te Rananga O Ngati Manawa v CNI Iwi Holdings Ltd [2013] NZHC 1398 Pub Charity v Department of Internal Affairs [2013] NZHC 1160 New Zealand Pork Industry Board v Director-General MAF [2013] NZCA Pub Charity v The Gambling Commission [2013] NZAR 249 (HC) JMM v Legal Services Agency [2013] 1 NZLR 517 (CA) Auditor-General s Inquiry into decision to grant Citizenship to Mr Yang Liu, March 2013 (ISBN ). Appointed to conduct inquiry Great Christchurch Buildings Trust v Church Property Trustees [2013] 2 NZLR 230 Visy Board Pty Ltd v Commerce Commission (2012) 21 PRNZ 184 (SC) Ironsands Investments Ltd v Towards Industries Ltd [2012] NZHC 3031 Whanganui District Council v New Zealand Parole Board [2012] NZHC 2248 Commerce Commission v Visy Board Pty Ltd [2012] NZCA 383 T: F: Maritime Tower, Level 6, 10 Customhouse Quay, PO Box 1530, Wellington

2 2 Intellectual Property Development Corp Pty Ltd v Primary Distributors NZ Ltd (2012) 97 IPR 237 (CA) Harriman v Attorney-General [2012] NZHC 2148 Attorney-General v Reid [2012] 3 NZLR 630 (HC) Independent Fisheries Ltd v Minister Canterbury Earthquake Recovery [2012] NZAR 785 (HC) StockCo v Gibson (2012) 11 NZCLC (CA) Ironsands Investments Ltd v Towards Industries Ltd [2012] NZHC 1277 New Zealand Pork Industry Board v Director-General MAF [2012] NZHC Creswick Valley Resident Ass Inc v WCC [2012] NZHC 644 Trillian Trust v Secretary for Internal Affairs CIV , 14 November 2011 Ironsands Investments Ltd v Towards Industries Ltd CIV , 8 July 2011 JMM v Legal Services Agency (2011) 21 PRNZ 17 (HC) Gibson v StockCo Ltd [2011] NZCCLR 29 (HC) New Zealand Pork Industry Board v Director-General MAF CIV , 25 May 2011 Rabobank New Zealand v StockCo (2011) 13 TCLR 191 (HC) Miller v New Zealand Parole Board [2011] NZSC Commerce Commission v Air New Zealand [2011] 2 NZLR 194 (CA) Auditor-General s Inquiry into recruitment processes involving Mary Anne Thompson and related issues, May 2009 (ISBN ). Appointed to assist inquiry Intellectual Property Development Ltd v Primary Distributors CIV , 9 December 2010 Miller v New Zealand Parole Board [2010] NZCA 600 Levin v Ikuia [2011] 1 NZLR 678 (CA) Chief Executive MOF v United Fisheries [2011] NZAR 54 (CA) Waikatolink Ltd v Comvita New Zealand Ltd (2010) 12 TCLR 808 (HC) Rabobank New Zealand v Stockco Ltd [2010] NZCCLR 25 (HC)

3 Commerce Commission v Air New Zealand, Andrews J, CIV , 21 October 2009 Sanford Ltd v Chief Executive Ministry of Fisheries, Clifford J, CIV , 12 October 2009 Intellectual Property Development Corporation v Primary Distributors New Zealand Ltd [2009] NZCA 429 Legal Services Agency v R, Dobson J, CIV , 6 August 2009 Commerce Commission v Visy Board (NZ) Ltd, Potter J, CIV , 11 June 2009 United Fisheries Ltd v Chief Executive of the Ministry of Fisheries, Mallon J, CIV , 6 May Miller v New Zealand Parole Board (2008) 24 CRNZ 104 United Fisheries Ltd v Chief Executive of the Ministry of Fisheries, Mallon J, CIV , 16 December 2008 Secretary for Internal Affairs v Kilbirnie Tavern, Clifford J, CIV , 14 November 2008 Transport Accident Investigation Commission v District Court [2008] NZAR 595 Motor Industry Association v Minister of Transport, McKenzie J, CIV , 23 May 2008 Re Short (2008) 27 FRNZ 283 Antons Trawling Company Ltd v The Minister of Fisheries, Miller J, CIV 2007/485/ 2199, 28 January Minister of Fisheries v Antons Trawling Co Ltd [2007] NZSC 101 Antons Trawling Co Ltd v Minister of Fisheries [2007] NZCA 512 Healthcare Providers New Zealand Inc v District Health Boards, McGechan J, CIV , 7 December 2007 Antons Trawling Co Ltd v Minister of Fisheries, Miller J, CIV , 25 October 2007 ANZ National Bank Ltd v ACC [2007] NZCA 469 Medlab Hamilton Ltd v Waikato District Health Board (2007) 18 PRNZ 517 Ministry of Fisheries v The District Court, J Hansen J, CIV Wool Board Disestablishment Company Ltd v Saxmere [2007] NZCA 349

4 ORH1 Exploratory Fishing Company Ltd v The Minister of Fisheries, Wild J, CIV , 19 October 2006 Rangitoto Island Bach Community Association Inc v Director-General of Conservation [2006] NZRMA 376 (HC) NZ Waterways Restoration Ltd v Director-General of Conservation, R Young J, CIV , 21 March 2006 Saxmere Company Ltd v The Wool Board Disestablishment Company Ltd, Miller J, CIV , 6 December 2005 Powerco Ltd v Commerce Commission, Goddard J, CIV , 24 August 2005 New Zealand Meat Board v Paramount Export Ltd (In Liquidation) [2005] 2 NZLR 447 (PC) Geddes v New Zealand Dairy Board CA108/03, 20 June Sea-Right Investments Ltd v Minister of Fisheries, R Young J, CIV , 20 May 2004 South East Resources 2001 Ltd v Chief Executive Ministry of Fisheries [2004] NZAR 715 (HC) Chen v Attorney-General, Wild J, CIV , 7 January 2004 Aukuso v Hutt City Council [2004] DCR Douglas Baley Ltd v Minister of Internal Affairs, CIV , Durie J, 1 December 2003 New Zealand Meat Board v Paramount Export Ltd, CA 152/03, 16 October 2003 Southern Clams and Others v Westhaven Shellfish Limited and Others, CA 154/02, 186/02, 194/02, 15 September and 14 October 2003 Whiskey Jacks Rotorua Ltd v Minister of Internal Affairs, Wild J, CIV , 11 September 2003 Geddes v New Zealand Dairy Board, Wild J, CP 52/97, CP 30/02, 27 August 2003 Southern Clams and Others v Westhaven Shellfish Limited and Others, CA 154/02, 186/02, 194/02, 13 February Antons Trawling Company Limited and Others v Smith [2003] 2 NZLR 23 (CA) Benton and Others v Priore and Others (2003) 9 NZCLC 263,055 (HC)

5 5 Vautier Shelf Company No. 14 Limited and Others v Chief Executive of Ministry of Fisheries and Others No. 2, Ellis J, CP 208/97, 9 October 2002 D A Kellian and Others v Minister of Fisheries and Others, CA 150/02, 26 September 2002 New Zealand Meat Board and Another v Paramount Export Limited and Another [2003] 1 NZLR 441 (CA) Westhaven Shellfish Limited v Chief Executive Ministry of Fisheries and Others, Durie J, CP 115/02, 30 August 2002 D A Kellian and Others v Minister of Fisheries and Others, Durie J, CP 281/01, 22 July 2002 Westhaven Shellfish Ltd v Chief Executive Ministry of Fisheries (2002) 16 PRNZ 501 (HC) 2001 Smithkline Beecham (NZ) Limited v Minister of Health and Others (2002) 16 PRNZ 361 (HC) Sullivan v Ministry of Fisheries [2002], 3 NZLR 721 (CA) Smithkline Beecham (NZ) Ltd v Minister of Health and Others, CP 49/02, 15 May 2002, R Young J Gard and Others v Chief Executive Ministry of Fisheries and Others, CA 15/01, 27 September 2001 Paramount Export Ltd and Another v New Zealand Meat Board, Heron J, CP 202/96, 17 July 2001 R v Sotheran (2001) 19 CRNZ 132 (CA) Welsh v Housing New Zealand Ltd, Doogue and Goddard JJ, AP 35/2000, 6 March 2001 Official Assignee and Others v Chief Executive of Ministry of Fisheries and Others [2002] 2 NZLR 722 (CA) Westhaven Shellfish Limited v Chief Executive Ministry of Fisheries [2002] 2 NZLR 158 (CA) Association of Dispensing Opticians of New Zealand Inc v Opticians Board [2001] 3 NZLR 549 (HC) 2000 Gard v Chief Executive of Ministry of Fisheries, McGechan J, CP 243/99, 20 December 2000 Westhaven Shellfish Ltd v Chief Executive of Ministry of Fisheries, Ellis J, CP 322/98, 5 October 2000

6 Vautier Shelf Co No. 14 and Others v Chief Executive Ministry of Fisheries and Others, Ellis J, CP 208/97 and Others, 24 July 2000 Prasad v Chief Executive of the Department of Labour [2000] NZAR 11 (HC) Churtonleigh Retirement Home Ltd v Renwick, CA 109/99, 20 September 1999 Police v Beggs [1999] 3 NZLR 615 (HC) Renwick v Churtonleigh Retirement Home Ltd, Gendall and Wild JJ, AP 239/98, 12 February Trent Investment Co Ltd v Constructa Corporate One Thousand Ltd, CA 68/98, 9 December 1998 Challenge Marine Ltd v F V Santa Monica, Neazor J, AC 11/96, 14 December 1998 Taylor v Attorney-General, Paterson J, CP 21/94, 28 August 1998 Nicholls v Registrar of the Court of Appeal [1998] 2 NZLR 385 (CA) 1994 to Junior counsel to counsel assisting the Winebox Inquiry (The Commission of Inquiry into certain matters relating to taxation) Livingston v Bonifant (1995) 7 NZCLC 260, 657 (HC) Baigent v Attorney-General (1993) 10 CRNZ 533 (HC)

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