Abigail van Echten
BARRISTER
Abigail has a reputation for providing robust, considered and reliable advice; her clients value her constructive insight into complex and novel legal issues. She approaches matters from a wider lens, bringing a strategic and solution-focussed approach while still maintaining a grip on the details. Her clients enjoy her energy, commitment, collegiality, and empathy.
Abigail is an experienced litigator in both adversarial and inquisitorial forums. As a prosecutor, she argued appeals and was lead or sole counsel prosecuting jury and Judge-alone trials involving gun violence, sexual violence, drugs and fraud. She advises and appears on disciplinary matters, health and safety proceedings and other regulatory matters. Abigail has a particular interest in the Coroners Court and is currently appointed as Counsel Assisting the Court in relation to the Masjidain (Mosque) Inquiry.
Abigail is based in Te Whanganui-a-Tara | Wellington, but accepts instructions nationwide and regularly appears in courts throughout Aotearoa.
Areas of practice: coronial, disciplinary, criminal, regulatory, public.
Qualifications
LLB (Hons), Victoria University of Wellington | Te Herenga Waka, 2011
Barrister and Solicitor of the High Court of New Zealand, 2012
Publications and professional activities
Co-author, Garrow and Turkington’s commentary on the Search and Surveillance Act 2012, Lexis Nexis
Co-author, Garrow and Turkington’s commentary on Part 6 of the Crimes Act 1961, Lexis Nexis
Updating author, Practical Guidance on Health and Safety, Lexis Nexis
Updating author, Professional Responsibility chapter on “Solicitor-Client Relations”, Lexis Nexis
Member, New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture
Notable cases
Prosecuting various jury and Judge-alone trials including multi-defendant drugs trials, gang violence, fraud, a non-lethal shooting and using a communication assistant to help prosecute sexual offending against a vulnerable child (2014 – 2019).
CAC v Fuli-Makaua NZTDT 2017/40: representing the CAC alongside Ms Feltham in terms of the guideline decision regarding penalties for disciplinary proceedings relating to teachers driving with excess blood alcohol.
WorkSafe New Zealand v Ministry of Social Development [2016] NZDC 12806: following the murder of two Work and Income workers by a disgruntled client, WorkSafe successfully prosecuted the Ministry of Social Development for failing to keep their staff safe. Abigail was junior counsel to Dale La Hood (now Justice La Hood).
R v Ismail [2016] NZHC 79: prosecuting a diplomat for sexual offending (junior counsel to the Crown Solicitor).
R v Banks [2014] NZHC 1244: prosecuting John Banks for electoral fraud; the first prosecution for electoral fraud in New Zealand. Abigail was junior counsel for Paul Dacre KC.
CT v R [2014] NZSC 155: appearing for the Crown as junior counsel in the Supreme Court for an appeal against conviction for sexual offending. This case sets out the principles applicable to stay of prosecution on the basis of delay.
E (CA799/2012) v R [2013] NZCA 678: appearing as junior counsel for the Crown on an appeal concerning the demeanour directions that should be given to a jury.
Z(CA447/12) v R [2012] NZCA 599: appearing as junior counsel for the Crown opposing a comedian’s appeal against his conviction for sexual offending against a child. This case sets out some of the principles governing applications for discharge without conviction.
