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Peter Churchman - High Court First Instance Work Much of Peter's High Court first instance work hasinvolved a variety of civil litigation either commercial disputes or public law matters. Peter has been counsel in many applications for judicial review, or declarations. Some of the more recent interesting declarations have included: Pharmaceutical Society of New Zealand v Barron [2003] 3 NZLR 69. This case involved issues important to the pharmacy profession as to interpretation of the legislation restricting the number of pharmacies in which a pharmacist could hold an interest.
Fogelberg v Association of University Staff of New Zealand Inc. [2000] 2 ERNZ 196. This declaration involved an interpretation of section 149 of the Human Rights Act and the application of the compulsory retirement provisions.
Ngati Apa Ki Te Waipounamu Trust v Attorney General [2003] 1 NZLR 779. This involved complicated proceedings relating to a decision of the Maori Land Court on the referral of a matter to it by the Waitangi Tribunal pursuant to section 6A of the Treaty of Waitangi Act 1975.
Walsh (Vice-Chancellor of VictoriaUniversity of Wellington) v VictoriaUniversity Student’s Association & others (Unreported, High Court, Wellington,CIV-2005-485-2038, 3 Oct 2005, Ronald Young J.) This case involved an application for an interim injunction alleging breach of confidence. An interim injunction was successfully obtained for Victoria University of Wellington on the grounds that information which had been supplied to the media was confidential and had been supplied in breach of the fiduciary and other obligations of those to whom it was entrusted.
Much of Peter's first instance criminal work in the High Court has been prosecution of a variety of serious criminal charges for the Crown. Peter has periodically appeared for the defence in first instance High Court criminal matters, an interesting one being the case of The Queen v McKie in October 2000 defending a manslaughter charge brought against a Railway locomotive driver after a fatal accident.
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