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 civil courts in New Zealand, consistently delivering strategic and commercially focused outcomes for his clients.

Zane is a commercial litigator with particular experience in contract and commercial, companies, insurance and regulatory disputes. He is also experienced in managing large-scale litigation and has played pivotal roles in the conduct of a number of New Zealand’s largest cases.

Zane's legal acumen has previously earned him recognition as a Band 1 litigator by Chambers Global and Chambers Asia Pacific, and as a leading individual in dispute resolution by Asia Pacific Legal 500. His career includes16 years as a civil litigation partner at the national law firm Minter Ellison Rudd Watts before he joined the Bar in 2019 and.

In 2024, Zane's contributions to the legal field were acknowledged with his appointment to the rank of King’s Counsel.

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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.

Senior counsel for Spark, New Zealand’s largest telecommunications company, defending a significant equity-based claim arising out of its acquisition of radio spectrum in late 2015. The case is being heard on the High Court commercial panel and has been split between liability and quantum with the liability trial taking place over two weeks in November2023. Spark prevailed on both its defence and counterclaim. The liability judgment has now been appealed to the Court of Appeal with a separate quantum trial on Spark’s counterclaim expected to be heard later in 2024.

See here.

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 centred on the proper interpretation of the terms of a joint venture agreement entered into between MacLab, an Australian-owned nutraceutical company, and one of the dominant players in New Zealand’s mussel industry, Talley’s Group Ltd. The matter proceeded to a three-week trial in November2023, which was complex in terms of both the factual evidence and the expert accounting evidence relating to Talley’s alleged losses. 

See here.

The Mainzeal directors’ duties litigation [2023] NZSC 113.

Junior counsel for the plaintiff liquidators in the High Court, Court of Appeal and Supreme Court. Shared the cross-examination in the High Court and the advocacy in all three courts.

See here.

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.

See here.

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 in excess of $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. The matter is currently awaiting judgment from the Court of Appeal following the appeal hearing in 2023.

See here.

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 filed against the Ministry of Health and Te Whatu Ora in 2024 arising from alleged breaches of contractual supply arrangements for PPE, primarily face masks. Damages run into the millions of dollars.

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.

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.

Insurance and Brokers

Counsel for an international insurance broker in a major arbitration claim for $528million.

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

See here.

QBE Insurance (International) Ltd v Wild South Holdings Ltd and Maxim Fashions Ltd [2014] NZCA 447.

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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 on common novel construction issues.

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.

See here.

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 subsequent penalty hearing.

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.

See here.