Zane Kennedy KC

Zane Kennedy KC

Contact

zane.kennedy@millslane.co.nz +64 21 350 660

Zane Kennedy is an experienced trial and appellate advocate with a distinguished career spanning some three decades. He has appeared as senior counsel in all senior courts in New Zealand.

Zane specialises in contract and commercial claims, company director and shareholder disputes and contentious insurance and tort matters. He acts for Aon and Marsh, amongst other international brokers, on liability and indemnity matters.

He is experienced in managing large-scale litigation and has played a pivotal role in several landmark cases in New Zealand.

Zane has been recognised as a Band 1 litigator by Chambers Global and Chambers Asia Pacific, as well as a leading individual in dispute resolution by Asia Pacific Legal 500. His career includes more than 15 years as a litigation partner of the national law firm MinterEllisonRuddWatts before he joined the Bar in 2019.

Zane is a practitioner member of the Lawyers and Conveyancers Disciplinary Tribunal. In 2024, Zane's contributions to the legal field were acknowledged with his appointment as King’s Counsel.

Notable Cases and Experience

Commercial and Companies Litigation

Cayman Spectrum (NZ) Co & Everest Wireless Partners LP v Spark New Zealand Trading Limited [2024] NZHC 107 and [2025] NZHC 1535

Senior counsel for Spark, New Zealand’s largest telecommunications company, defending a significant equity-based claim arising out of a series of transactions relating to the acquisition of radio spectrum in late 2015. The case was heard on the High Court commercial panel and was split between liability and quantum with the liability trial taking place over two weeks in November 2023 and the quantum trial over a week in May 2025. Spark prevailed on both its defence and counterclaim, with a multi-million dollar judgment being entered in its favour on a quantum meruit basis.

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Talley’s Group Limited v Biomex Trustees Limited and MacLab (NZ) Limited. Judgment pending

Senior counsel for the defendants in a high-profile multi-million dollar contractual dispute which involved the proper interpretation of the terms of a joint venture agreement entered into between MacLab, a significant Australian-owned nutraceutical company, and one of the dominant players in New Zealand’s shellfish industry, Talley’s Group Ltd. The matter proceeded to a three-week liability trial in November 2023, which was complex both in terms of the factual evidence and the expert valuation evidence relating to Talley’s claimed loss. Following the liability decision, the matter proceeded to a quantum trial in May 2025 with judgment pending. It is expected to be heard by the Court of Appeal in 2026.

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Body Corporate 786893 v Courtenay Car Park Limited, Naylor Love Construction Limited and Ceres New Zealand, LLC.

Senior counsel for the second defendant, Naylor Love Construction Limited and its insurer, QBE Insurance (Australia) Limited, in High Court proceedings brought by the plaintiff in nuisance, negligence and the principle in Rylands v Fletcher in a dispute arising out of the demolition of a carpark in the Wellington CBD. The dispute went to a three-week trial in the Wellington High Court in July 2025. Judgment is pending.

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The Mainzeal directors’ duties litigation [2023] NZSC 113

This case has been described as the directors’ duties case of a generation. It was heard over 9 weeks in the High Court and the appeals to the Court of Appeal and the Supreme Court were each a week long. Junior counsel for the plaintiff liquidators in all three senior courts. Undertook cross-examination in the High Court and advocacy in all courts.

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Auckland Trotting Club Incorporated v Medway Limited (formerly Canam Group Limited) and Petrou and others.

Senior counsel for ATC in a claim against the defendants for in excess of $70m arising out of the failed construction of Building A at Alexandra Park at Greenlane, Epsom, Auckland. Causes of action were pleaded alleging breach of directors’ duties and seeking pooling orders under s 271 of the Companies Act 1993. The case was set down for a 5-week trial commencing in June 2025 but was settled shortly beforehand.

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Beach Energy Resources NZ (Kupe) Ltd v Genesis Energy Ltd

Counsel for Beach (an Australian listed energy company) in this gas supply contract dispute involving more than $100m that went to arbitration. Beach wholly succeeded in its claim.

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Bank of New Zealand v Lothian Partners Capital Limited and Ors [2022] NZHC 2489

Senior counsel for BNZ in a particularly complex debt claim exceeding $70m and a counterclaim against the Bank for more than $33m. The matter proceeded to a three-day summary judgment hearing on the Bank’s claim in 2022. The Bank was found to be successful in a substantial judgment exceeding 100 pages in length. Following an appeal hearing in 2023, the Court of Appeal upheld the High Court’s decision in December 2024. Leave to appeal to the Supreme Court was declined.

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Safety & Medical Manufacturers Limited v the Ministry of Health and Health New Zealand (Te Whatu Ora) – proceedings ongoing

Senior counsel for the plaintiff in a claim against the Ministry of Health and Te Whatu Ora arising from alleged breaches of contractual supply arrangements for PPE, primarily face masks. Those breaches led to the collapse of the company’s business. Damages run into the millions of dollars.

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Parkinson v O’Brien and General Dynamics Corporation Ltd [2021] NZCA 309

Senior counsel on an appeal against a derivative action order under s165 of the Act leading to substantive proceedings alleging breach of directors’ duties.

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Blue Reach Services Ltd v Spark New Zealand Trading Ltd [2019] NZCA 2, [2019] NZSC 65

Senior counsel for Spark in respect of this claim for damages of more than $10m arising out of an allegedly misleading and deceptive clearance application to the Commerce Commission. Spark was successful in striking out the proceeding based on a statutory privilege under s106 of the Commerce Act, which effectively conferred immunity from civil suit in respect of information provided to the Commission under the Act. This was a novel point that had not previously been considered by the courts. The strike-out was upheld by the Court of Appeal and, after a defended leave hearing, the Supreme Court declined leave to appeal.

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Insurance and Brokers

Counsel for Aon New Zealand in a major arbitration claim for multiple hundreds of millions of dollars.

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Counsel for Aon New Zealand in respect of a claim brought by Lyttleton Port Company Ltd for $185m.

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Counsel in matters both for and against insurers over the years including acting for QBE, AIG, Allianz and Lloyd’s insurers on various matters.

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Body Corporate 786893 v Courtenay Car Park Limited, Naylor Love Construction Limited and Ceres New Zealand, LLC.

Senior counsel for the second defendant, Naylor Love Construction Limited and its insurer, QBE Insurance (Australia) Limited, in High Court proceedings brought by the plaintiff in nuisance, negligence and the principle in Rylands v Fletcher in a dispute arising out of the demolition of a multi-storey carpark in the Wellington CBD.

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QBE Insurance (International) Ltd v Wild South Holdings Ltd and Maxim Fashions Ltd [2014] NZCA 447. HHR Christchurch NTL Ltd v Crystal Imports Ltd [2015] NZCA 283.

Senior counsel for a large Christchurch commercial property owner on multiple claims arising out of the Christchurch earthquake sequence which went to the Court of Appeal.

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Regulatory

Fullarton & Ors v Arowana International Ltd & Ors

Junior counsel in a class action brought against the directors of the failed listed entity, Intueri Education Group Ltd, alleging breaches of the Securities Act 1978, the Securities Markets Act 1988 and the Financial Markets Conduct Act 2013 seeking damages in excess of $75m. Mike Ring KC is senior counsel.

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Commerce Commission v Spark New Zealand Trading Ltd [2019] NZDC 7801

Counsel for Spark in respect of a prosecution by the ComCom under the Fair Trading Act 1986 and appearing at the penalty hearing.

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Two Degrees Mobile Limited v Commerce Commission & Ors, Spark New Zealand Trading Ltd v Commerce Commission [2017] NZHC 238.

Senior counsel for Two Degrees on an urgent interim injunction application, heard together with a corresponding application brought by Spark, against the Commission, Vodafone and Sky TV to restrain a proposed merger between Vodafone and Sky TV pending any challenge to a clearance decision by the Commission.

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zane.kennedy@millslane.co.nz

Zane Kennedy is an experienced trial and appellate advocate with a distinguished career spanning some three decades. He has appeared as senior counsel in all senior courts in New Zealand.

Zane specialises in contract and commercial claims, company director and shareholder disputes and contentious insurance and tort matters. He acts for Aon and Marsh, amongst other international brokers, on liability and indemnity matters.

He is experienced in managing large-scale litigation and has played a pivotal role in several landmark cases in New Zealand.

Zane has been recognised as a Band 1 litigator by Chambers Global and Chambers Asia Pacific, as well as a leading individual in dispute resolution by Asia Pacific Legal 500. His career includes more than 15 years as a litigation partner of the national law firm MinterEllisonRuddWatts before he joined the Bar in 2019.

Zane is a practitioner member of the Lawyers and Conveyancers Disciplinary Tribunal. In 2024, Zane's contributions to the legal field were acknowledged with his appointment as King’s Counsel.