Scott Fletcher

BARRISTER

QUALIFICATIONS

LL.B. (Hons), B.A Victoria University of Wellington.

CONTACT

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Scott Fletcher

Expertise

  • Administrative Law

  • Te Tiriti o Waitangi

  • Civil and Commercial Litigation

  • Trust Law

Scott practises in civil litigation, focusing on public law, trust law and Te Tiriti o Waitangi. He has worked with a broad spectrum of clients, including corporates, hapū, government departments, incorporated societies as well as both trustees and beneficiaries. Scott has appeared as junior counsel in the High Court, Court of Appeal and Supreme Court, as well as the Waitangi Tribunal. Scott also accepts instructions to assist senior counsel.

Scott graduated from Victoria University in 2017 with an LLB (Hons) and a BA, receiving the Victoria University Medal of Academic Excellence. Prior to joining Barristers.Comm Scott was a judge's clerk at the Court of Appeal and a junior barrister at Thorndon Chambers. In both roles Scott worked on a number of high-profile cases across a wide range of legal topics, including criminal law, judicial review, contract law, competition law and intellectual property law.

Select Cases:

  • Fitzgerald v R [2021] NZSC 131, [2021] 1 NZLR 551 (correct approach to statutory interpretation when fundamental rights under the New Zealand Bill of Rights Act engaged)

  • Ford v Board of Trustees for Smith Primary School [2021] NZCA 363, [2021] 3 NZLR 738 (revocability of offers made to out-of-zone school students)

  • Chief Executive of the New Zealand Customs Service v Hutchinson [2021] NZCA 45 (effect of fraud perpetrated on New Zealander importer on liability for customs duty)

  • New Zealand Tahr Foundation Inc v Minister of Conservation [2020] NZHC 1669 (judicial review of failure to properly consult over proposed culling of Himalayan tahr)

  • Rangitira Developments Ltd v Sage [2020] NZHC 1503 (judicial review of Minister's refusal to grant access arrangement for coal mining purposes)

  • Schmuck v Opua Coastal Preservation Inc [2019] NZSC 118, [2019] 1 NZLR 750 (judicial review of council grant of easement under Reserves Act for commercial activities)

  • Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648 (guideline judgment for methamphetamine sentencing)

Memberships and Publications:

  • Committee Member, New Zealand Law Society Public and Administrative Law Committee (2021-)

  • 'Throwing their hats into the ring: Applications to intervene and the role of interveners in the senior courts' [2021] NZLJ 19

  • 'Who are we trying to protect? The role of vulnerability analysis in New Zealand's law of negligence' (2016) 47 VUWLR 19

Contact Scott Fletcher