Working with MHQC

Michael has a vast range of expertise and can help with a wide variety of legal issues including regulatory, commercial, civil, and criminal law matters. As a barrister, he can be directly instructed in some matters, but in others he is required to act on the instructions of a solicitor who, in turn, takes his or her instructions from you, the client.

Michael can assist with:
  • Solving disputes both in and out of court;
  • helping entities and individuals work with regulators in a way that safeguards long-term relationships;
  • advising on a vast range of legal issues, with a keen eye for pragmatic solutions and real results;
  • assisting clients facing criminal charges, including navigating the criminal justice system and defending charges; and
  • advocating for and on behalf of clients, including in administrative or public law contexts.
The type of work for which Michael can take direct instructions includes:
  • Acting as an arbitrator or mediator;
  • representing a person charged with an offence (other than in a prosecution by the Serious Fraud Office, the Financial Markets Authority, or the Commerce Commission);
  • civil matters that are not proceedings before certain courts;
  • the provision of a legal opinion or advice; and
  • providing assistance or advice to a non-profit or on a pro bono basis.
Please make an enquiry and we will be happy to let you know whether Michael can accept your instructions directly.

If an instructing solicitor is required, Michael can work with you, drawing on existing relationships with solicitors throughout New Zealand, to secure the best possible advisors.

Set out below is the information required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society (“Law Society”).
1 Fees:

The basis on which fees will be charged is set out in my letter of engagement. When payment of fees is to be made is set out in my Standard Terms of Engagement.

2  Professional Indemnity Insurance:

I maintain professional indemnity insurance that meets or exceeds the minimum standards specifed by the New Zealand Law Society.

3  Complaints:

I maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly.

If you have a complaint about my services or charges, please discuss it with me first.

If you do not wish to refer your complaint to me, or you are not satisfied with my response to your complaint, you may refer your complaint to an independent barrister to be agreed by us should the need arise.

The Law Society operates the Lawyers Complaints Service and you are able to make a complaint to that service. To do so, phone 0800 261 801 for information and advice about making a complaint.

4 Client Care and Service:

The Law Society client care and service information is set out below.

Whatever legal services your lawyer is providing, he or she must:

– Act competently, in a timely way, and in accordance with instructions received and arrangements made.

– Protect and promote your interests and act for you free from compromising in uences or loyalties.

– Discuss with you your objectives and how they should best be achieved.

– Provide you with information about the work to be done, who will do it and the way the services will be provided.

– Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

– Give you clear information and advice.

– Protect your privacy and ensure appropriate con dentiality.

– Treat you fairly, respectfully and without discrimination.

– Keep you informed about the work being done and advise you when it is completed.

– Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the Court and to the justice system.

If you have any questions, please visit the New Zealand Law Society or call 0800 261 801.

5. Limitations on extent of my Obligations or Liability:

Any limitations on the extent of my obligations to you or any limitation or exclusion of liability are set out in my letter of engagement. As a general rule, my liability is limited to the maximum cover provided by my professional indemnity insurance.

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These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by me for you, except to the extent that I otherwise agree with you in writing.
1 Services

1.1 The services I am to provide for you are outlined in your instructions and my engagement letter.

2 Financial

2.1  Fees:

a  The fees I will charge or the manner in which they will be arrived at, are set out in the engagement letter.

b  If the engagement letter specifies a fixed fee, I will charge this for the agreed scope of my services. Work which falls outside that scope will be charged on an hourly rate basis. I will advise you as soon as reasonably practicable if it becomes necessary for me to provide services outside the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.

c  Where my fees are calculated on an hourly basis, the hourly rates are set out in my engagement letter. Time spent is recorded to the nearest hour.

2.2  Disbursements and expenses: In providing services I may incur disbursements or have to make payments to third parties on your behalf. These will be included in my invoice to you when the expense is incurred. If signi ficant, I may require an advance payment for the disbursements or expenses which I will be incurring on your behalf.

2.3  GST (if any): Is payable by you on my fees and charges.

2.4  Invoices: I will send interim invoices to you, monthly and on completion of the matter, or on termination of my engagement. I may also send you an invoice when I incur a significant expense.

2.5  Payment: Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made. I may require interest to be paid on any amount which is more than 7 days overdue. Interest will be calculated at the rate of 4% above ASB Banks’ 90-day rate as at the close of business on the date payment became due.

2.6  Security: I may ask you to pre-pay amounts to me, or to provide security for my fees and expenses.

2.7 Third Parties: Although you may expect to be reimbursed by a third party for my fees and expenses, and although my invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to me if the third party fails to pay.

3 Confidentiality

3.1 I will hold in confidence all information concerning you or your affairs that I acquire during the course of acting for you. I will not disclose any of this information to any other person except:

a to the extent necessary or desirable to enable me to carry out your instructions; or

b to the extent required by law or by the Law Society’s Rules of Conduct and Client Care for Lawyers.

3.2 I will not disclose confidential information which I have in relation to any other client.

3.3 I will store your information electronically using cloud storage facilities (currently Microsoft One Drive). I will take all reasonable steps to ensure access is limited to those who are authorised.

4 Termination

4.1 You may terminate my retainer at any time.

4.2 I may terminate the retainer in any of the circumstances set out in the Law Society’s Rules of Conduct and Client Care for Lawyers

4.3 If my retainer is terminated, you must pay me all fees due up to the date of termination and all expenses incurred up to that date.

5 Retention of files and documents

5.1 You authorise me (without further reference to you) to destroy all files and documents for this matter 7 years after my engagement ends or earlier if I have converted those files and documents to an electronic format.

6 Conflicts of Interest

6.1 I have procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises I will advise you of this and follow the requirements and procedures set out in the Law Society’s Rules of Conduct and Client Care for Lawyers.

7 Duty of Care

7.1 My duty of care is to you and not to any other person. Before any other person may rely on my advice, I must expressly agree to this.

8 General

8.1 These Terms apply to any current engagement and also to any future engagement, whether or not I send you another copy of them.

8.2 I may change these Terms from time to time, in which case I will send you amended Terms.

8.3 My relationship with you is governed by New Zealand law and New Zealand courts have non- exclusive jurisdiction.

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