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About

Michael Heron QC is a leading QC in commercial and regulatory litigation and arbitrations. He has appeared as lead counsel in all New Zealand Courts (including the Privy Council) and has conducted significant commercial arbitrations for both the Crown and corporate clients.

Michael is regarded as one of New Zealand’s leading QC’s and regularly advises significant public and private entities on commercial, public law and regulatory matters.

Michael’s experience as Solicitor-General included advising on a full range of legal matters to Ministers and Chief Executives. He appeared before Select Committees and in a range of Tribunals including the Waitangi Tribunal. He continues to represent the Crown and public bodies in a range of commercial and regulatory matters. He maintains security clearance (top-secret special) with NZSIS and is a panel counsel for the Serious Fraud Office.

Michael is a judicial officer for NZ Rugby and SANZAAR, he is National Commissioner for NZ Cricket and a member of the International Cricket Council Code of Conduct Commission and Disputes Resolution Committee.

In 2016 Michael founded an online dispute resolution service called CODR to provide better access to justice for modest civil and commercial matters.

Recently Michael has conducted high profile inquiries of matters relating to integrity and the conduct of organisations. Examples include an inquiry into conflicts of interest at CERA, an inquiry into prosecution decisions at MPI and an investigation into the Whakatōhea Maori Trust Board for the Minister for Maori Development (the report and press release can be read here).

He has also conducted significant reviews in the sporting area, such as the review of the All Black campaign in Rugby World Cup 2007 and a review of the High Performance Programme of Cycling New Zealand in 2018 (read report here).

He has appeared as counsel in Royal Commissions and inquiries such as the Pike River Mine Tragedy Royal Commission and the Canterbury Earthquakes Royal Commission.

COMMERCIAL AND REGULATORY LITIGATION
INQUIRIES AND REVIEWS
PUBLIC LAW
HEALTHCARE
SPORT
SOLICITOR-GENERAL OF NEW ZEALAND
2012-2016
QUEEN’S COUNSEL
2012
PARTNER
RUSSELL MCVEAGH 2007-2012
SOLICITOR AND PARTNER
MEREDITH CONNELL 1995-2007
SOLICITOR, ALLEN & OVERY
LONDON AND TOKYO 1991-1994
LLM (HONS)
CAMBRIDGE UNIVERSITY 1991
BCA, LLB (HONS)
VICTORIA UNIVERSITY 1990

Working with MHQC

HE IS AUTHORISED TO ACCEPT DIRECT INSTRUCTIONS FROM MEMBERS OF THE PUBLIC IN MATTERS PERMITTED BY THE NEW ZEALAND LAW SOCIETY RULES.

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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Contact

FOR INQUIRIES AND NEW CLIENTS PLEASE CALL OUR FREE PHONE OR CONTACT STEVEN BIRD

FREE PHONE

0800 263 700

STEVEN BIRD Barrister, chambers

027 354 7272

Email STEVEN

MICHAEL HERON

0274 367 517

Email MICHAEL