Peter Niven

Profile

Peter specialises in litigation and dispute resolution, insolvency and credit recovery. He advises both private and public sector clients on a broad range of dispute resolution matters.

He acts on a range of litigation assignments including contractual disputes, rental arbitrations, negligence and professional negligence, insurance, judicial review, and insolvency.

He has appeared in the High Court and Court of Appeal, and has also been involved in mediations and arbitrations.

Market recognition

Winner of the Victoria University Medal for Academic Excellence

Cambridge Trusts Scholarship

Work highlights

Acting for Kiwibank in the successful defence of claims

by a customer alleging breach of contract, misrepresentation, breach of the Fair Trading Act 1986, and contractual misrepresentation (Rudyard Holdings Ltd v Kiwibank Ltd [2014] NZHC 1253)

Acting for Focus Genetics in a contractual dispute

raising complex issues of contract law and property law (Focus Genetics Ltd Partnership v Soldiers Trading Ltd [2015] NZHC 2127)

Advising and acting for an incorporated society in a number of disputes

arising from (for example Gulf Harbour Marine Village Resident's Association Inc v Jan Bain Holdings Ltd [2013] NZHC 2223)

Successfully obtaining defendant's summary judgment

in respect of a judicial review of the Crown Forestry Rental Trust (Taueki v Crown Forestry Rental Trust HC Wellington CIV 2011-485-1497, 17 February 2012)

Acting for a power company before the Gas Industry Company Rulings Panel

in relation to E-Gas Ltd's breaches of the Gas (Downstream Reconciliation) Rules 2008. In the course of the matter evidence of fraud by E-Gas Ltd was found ultimately leading to two convictions

Acting for a power company

in respect of a NZ$3m claim for alleged historical overcharging under a supply contract over a period of six years

Advising and acting for a South Island power company

in respect of various disputes, both contractual and arising under the power company's regulatory obligations

Advising a public entity

on the merits of a NZ$350m claim advanced by a contractor in an infrastructure project

Advising a public entity

in relation to a failed IT procurement project, to support successful commercial negotiations

Acting for a discretionary mutual

relating to claims by members, raising issues of negligence and interpretation of the mutual's rules

Acting for a discretionary mutual

in respect of a private prosecution commenced by a disgruntled member alleging a breach of s 240 of the Crimes Act 1961. The private prosecution was withdrawn after a judicial review application was made of the District Court's decision to accept the charges for filing

Acting for a government entity

in a combined arbitration favourably resolving a rent review and a dispute over liability for capital upgrade works under the lease

Acting for a building owner

in a NZ$2m negligence action against a geotechnical company, which was favourably settled at mediation

Experience

Sector/Expertise

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