D v Chief Executive of Oranga Tamariki & Anor [2023] NZHC 2366 – Appeared as counsel to assist the court on an appeal under the Care of Children Act.

Rowe v R [2018] NZSC 55 (junior counsel for the appellant); Rowe v R [2017] NZCA 316 (lead oral submissions) – successful appeal against conviction under s126 Crimes Act 1961 – doing an indecent act with intent to insult.  The appellant had been using a zoom lens to take candid photographs of teen and pre-teen girls wearing bikinis in public on Kaiteriteri Beach.

D (CA342/2018) v R [2018] NZCA 520 (sole counsel) – subject to permanent name suppression orders.  Health professional charged with indecent assault of 2 female patients.  Crown proposed to lead evidence from several other women as propensity evidence.  On appeal one of the witnesses’ evidence was ruled inadmissible.

Pearson v New Zealand Police [2017] NZHC 666 (sole counsel) – successful appeal against sentence – Psychoactive Substances Act.

Boulton v New Zealand Police [2016] NZHC 1474 (sole counsel) – successful appeal against conviction – Police investigating theft of plants located them next door on the appellant’s property.  She was charged with Receiving. Considering application of doctrine of recent possession.  A retrial was directed.

Strangman v New Zealand Police [2014] NZHC 526 (sole counsel) – appeal against conviction on a charge of dangerous driving – inadmissibility of roadside statements, when police are required to administer cautions when speaking to drivers

District Court Jury trial examples

• Burglary, driving whilst disqualified (third and subsequent), receiving (sole counsel) – Hannah successfully applied for severance and one charge was dismissed at pre-trial due to insufficiency of evidence.
• Arson and insurance fraud (junior counsel) – Accused charged with deliberately setting fire to his food truck and making a subsequent insurance claim. Nine-day trial requiring Hungarian translation. Expert evidence lead by both the Crown and defence.
• Family violence (junior counsel) – accused charged with a number of breaches of protection orders and assaults against his wife and young son over a period of a year.
• Injuring with intent to cause grievous bodily harm (junior counsel) – attack with a samurai sword, with multiple witnesses. Hannah conducted defence opening and cross examined several witnesses including a child witness.
• Assault with intent to injure (junior counsel) – two co-accused charged with a co-ordinated attack on a homeless man using rocks found at the scene. Hannah cross examined several witnesses.

Recent judge alone trials (sole counsel)

• Driving with Excess Breath Alcohol – charge withdrawn at trial callover following discussions with prosecutions (2022)
• Possession Objectionable Publications – challenged search warrant evidence under the Films, Videos and Publications Classifications Act (August 2023)
• Violence – successfully argued self defence to charges arising from a group assault (August 2023)
• Family violence – successfully argued self defence to a breach of protection order, and successfully defended assault with intent to injure.  Strangulation charge withdrawn by prosecutions following pre-trial discussions (October 2023)
• Family Violence – defendant originally charged with strangulation of his daughter but charge amended to one of Crimes Act common assault on day of trial (June 2020).
• Breach protection order – involving abusive comments posted on the defendant’s facebook stories. Hannah was appointed amicus curae (August 2020).
• Family violence – husband charged with hitting wife, with young son as witness. Hannah successfully applied to dismiss the charge after cross examining the complainant.  Tongan translator was used (September 2020).
• Assault – Police offered no evidence on the day of trial (September 2020).
• Assault – successfully argued self-defence after two men chased the defendant for a short distance (January 2021).

 Examples of other criminal work

• Successfully challenging Crown application for a further 10 year period on an Extended Supervision Order, engaging experts to assist with negotiating less restrictive conditions.
• Driver disqualification matters – recent successful applications include:
  • Substitution of mandatory disqualification period with community-based sentence due to defendant needing to drive for work (April 2021).
  • 80 hours of community work imposed, instead of mandatory minimum 6 month disqualification, after applicant caught driving while suspended during lockdown. Court agreed disqualification would have a negative impact on the applicant’s ability to find work and to support his pregnant partner and their unborn child (August 2020).
  • No disqualification imposed where applicant had driven while suspended in order to deliver medication to a friend during lockdown. Applicant was a solo mother with young children and disqualification would be particularly difficult (June 2020).
• Discharge without conviction applications – recent successful applications include:
  • a young man charged with Male Assaults Female while intoxicated, where the conviction would cause difficulties for overseas work opportunities. Applicant works in civil construction (October 2020).
  • Bar manager charged with assaulting a male friend of his ex-partner in the context of a difficult separation. Conviction would be relevant for renewal of his manager’s licence (July 2020).
  • Young adult charged with careless driving causing injury, where conviction would restrict career opportunities and travel (July 2023).

 Examples of recent family court hearings and conferences

• Represented grandparent caregivers with whom Oranga Tamariki have placed children following uplift from biological parents, including short cause hearings on access arrangements and settlement conferences (2020 – 2021).
• Represented children and young people in parenting order proceedings following their father being charged with sexual offending against two of the children (November 2020).
• Represented child where psychologist reported there was a resist/refuse dynamic caused by parental alienation.  Following evidence from psychologist at short cause hearing assisted in reaching a structured contact plan, for the child’s contact with alienated parent supported through family therapy (2021).
• Represented mother of baby in protection order and parenting applications at defended long cause hearing (November 2020).
• Represented child in submissions only hearing and settlement conference to consider her ability to travel to Europe to see wider family, in the context of Covid-19 concerns in that particular country (November 2020).
• Represented children in several families on different occasions, considering parameters of a parent’s contact given alcohol abuse or drug abuse issues, including cross examination at short cause hearings (2020 – 2023).
• Represented child in parenting proceedings where there have been past allegations of sexual abuse by older sibling (2021).
• Successfully defended mother in contempt of court proceedings in the Family Court (2022).
• Successfully applied for mother to relocate from New Zealand to Australia with the child, due to father’s psychological violence against the mother (2022).
• Represented the pito / biological mother in a whangai arrangement that dissolved when the whangai parents separated, and one sought to relocate with the child, resolved successfully at judicial settlement conference with assistance from a cultural report writer (2023).
• Represented a child who was the victim of a significant assault by one of his parents, in proceedings concerning his care arrangements (2023).

Examples of cases reported in the media

https://www.stuff.co.nz/nelson-mail/news/108040408/nelson-man-inflicted-vigilante-justice-on-sex-offender
https://www.stuff.co.nz/national/crime/119394704/burglar-loaded-up-victims-car-with-loot-and-drove-away
https://www.stuff.co.nz/national/crime/84547057/man-in-custody-after-armed-police-callout
http://www.stuff.co.nz/southland-times/news/8029121/Man-wanted-to-blow-up-ACC
https://www.stuff.co.nz/national/crime/121557506/medicinal-cannabis-users-fined-for-cultivation
https://www.stuff.co.nz/nelson-mail/news/105802088/truck-driver-menace-jailed-for-accident-that-killed-one-and-injured-five