ADRIAN OLNEY
Adrian Olney joined the independent bar in 2017, after 20 years of private practice, the last 10 of which were as a litigation partner of national law firm, Russell McVeagh. As a passionate advocate, he has led matters in the District Court, High Court, Court of Appeal, and Supreme Court across a range of civil and regulatory litigation, including contractual, securities and property disputes, admiralty and international trade, judicial review, and Waitangi Tribunal claims.
Adrian has particular experience in class action litigation. As well as advising on potential class actions, he led the defence for Credit Suisse against a $200m shareholder class action relating to the 2004 Feltex IPO. The numerous interlocutory applications and appeals, including to the Supreme Court, in that matter significantly developed class action law in New Zealand.
Adrian also has extensive experience in assisting with investigations and criminal prosecutions, including in Health and Safety matters.
phone (+64) 4 979 5840 | (+64) 21 777 091
email adrian@adrianolney.com
Qualifications
University of Auckland, LLB(Hons), BA
Admitted as a barrister and solicitor, New Zealand (1999)
Admitted as a solicitor, Hong Kong (2002)
Recent / notable cases
Defending Credit Suisse against a $200m class action alleging prospectus misrepresentation in relation to the conduct of the 2004 Feltex IPO (Houghton v Saunders [2017] 2 NZLR 189; [2015] 2 NZLR 74; [2014] 1 NZLR 541; [2013] 2 NZLR 652;[2010] 3 NZLR 331).
Judicial review of the Wellington City Council's rating of rural wind farm assets (Meridian Energy Ltd v WCC [2017] NZHC 48).
Admiralty claims against the Lancelot V and securing her sale pendent lite (Glencore Grain BV v The Ship "Lancelot V" [2015] NZHC 2052).
Litigating claims over the Pohokura gas/condensate field for breaches of the JVOA, the Commerce Act, and the Crown Minerals Act (Todd Pohokura Ltd v Shell [2015] NZCA 71; HC Wgn, CIV-2006-485-1600, 13/7/2010).
Arbitrating:
take or pay obligations against Rio Tinto resulting from a transformer outage at the smelter.
access rights to bulk oil transportation and storage infrastructure.
the value of the New Zealand Dairy Board.
Acting on Health & Safety prosecutions and enforcement actions, including for:
Transfield Services defending charges over a fatality while conducting line work (DoL v Transfield Services DC Wgn, CRI 11085502761, 11/9/13);
NZ Bus responding to charges over people being trapped by bus doors (Police v WCT [2015] NZHC 1442);
KiwiRail responding to charges over management of gas levels during work in tunnels (WorkSafe v KiwiRail [2015] 24979).
Acting for Te Rūnanga-Ā-iwi-o-Ngāpuhi, Tūhoronuku Independent Mandated Authority, the Ngaati Hinerangi Trust, and the Ngaati Koata Trust on various matters including Treaty settlement negotiations, trust deed, Māori Fisheries Act, and Te Ture Whenua Māori Act disputes, and Waitangi Tribunal proceedings.
Conducting internal investigations into such matters as:
the leaking of a confidential government cabinet paper;
allegations of improper procurement processes and responding to parallel investigations by the Commerce Commission;
illegal exporting of dairy products and responding to parallel investigations by MAF and the SFO.