As a barrister (sole), Brett Harris accepts briefs from solicitors and in-house lawyers to act on behalf of clients in a wide range of areas.
Regularly engaged to assist insurers and private clients, Brett manages and defends regulatory and statutory enforcement matters, especially investigations and prosecutions in health & safety. Further areas of expertise include commercial dispute resolution, construction litigation, rural matters including animal welfare, corporate strategy, risk management, employment and mediation.
Brett's reputation for outcomes aligned to client requirements has him in high demand across multiple sectors.
Brett’s work and his experience in commercial litigation covers the usual breadth of commercial and civil disputes, including: contract claims and disputes, general civil litigation, commercial and construction disputes; mediations / arbitration, leaky home/WHRS/WHT claims, commercial insolvency, commercial leasing and property disputes - even a case over a damaged New Zealand artwork.
A ‘boutique’ insurance barrister for many leading national and international insurers, Brett Harris accepts briefs in a range of insurance defence work and especially in statutory liability, professional indemnity and general liability claims. More recently, and with increasing regularity, such insurance work includes the peer review of a law firm’s legal advice and legal strategy.
Brett offers considerable expertise across most aspects of employment litigation and disputes, regularly acting for both employers and employees, including mediations in the Employment Relations Authority.
This area of work includes an overlap with ACC entitlements for victims, for workers, ACC ‘hand back’ claims for large accredited employers in the ACC ‘Partnership Programme’, and even ACC levy classification disputes.
Brett is a strong advocate for all forms of alternative dispute resolution (ADR), and the timely mediation of commercial disputes where-ever possible.
Dispute resolution, when done well, allows for a range of commercial outcomes often simply not available in the Court process at all.
In 2008, Brett qualified as a commercial mediator in Sydney, NSW. He is an Associate Member of the Arbitrators’ and Mediators’ Institute of New Zealand (AAMINZ).
He is also an advocate for ‘restorative justice’ and the facilitated commercial resolution of all varieties of disputes. A recent example saw a property developer negotiate a sensible and an agreeable Infrastructure Growth Charge (IGC) with the local authority responsible, without the need for High Court action.
Born in Taumarunui, Brett retains an active and sincere interest in rural law.
Over the years, Brett is briefed in a wide range of rural law cases including quad bike and farming fatalities, horticultural accidents, farm effluent and commercial discharge prosecutions, agricultural disputes, meat-works safety cases, PKE / biosecurity and insurance claims over fruit production losses.
Brett was one of the counsel working on possibly New Zealand’s largest animal welfare case linked with the Crafar Farms; acting for five defendants facing 716 charges under the Animal Welfare Act 1999. As a result, he has acquired a decent working knowledge of Body Condition Scoring in dairy cows, thanks to tutoring by one of the country’s acknowledged experts.
Persons conducting a business or undertaking (PCBU), can be at risk of prosecution for incidents and harm arising from accidents in New Zealand’s diverse workplaces.
New Zealand’s ACC regime, the absence of personal injury claims and the significantly increased fines since the Pike River tragedy make this an increasingly complex area of law.
Brett is one of the country's most highly regarded health & safety barristers and safety “advisors”.
He is a specialist defence counsel in this area and in safety risk management and compliance. Recently, Brett initiated a proactive safety management group for New Zealand’s world-beating motorsport fraternity – in the form of the fledgling “Motorsport Safety Protocol”.
WorkSafe NZ v Culham Engineering Company Ltd [sentencing]
[2023] NZDC 8055
TAIC (Transport Accident Investigation Commission). Ports of Auckland Fatal Accident and the subsequent joint report into recent deaths at NZ portsMO-2022-203 (20 October 2023)
Waikato Regional Council v Waitoa Industrial EstateLtd + Anor (RMA charges for environmental manager – charge withdrawn)
[2023] NZDC 18882
WorkSafe NZ v McLellan Freight Limited [sentencing]
[2023] NZDC 25235
WorkSafe NZ v McLellan Freight Limited [judgment]
[2023] NZDC 15451
WorkSafe NZ v Progressive Meats Limited [sentencing]
[2023] NZDC 10142
WorkSafe NZ v Progressive Meats Limited [Appeal against conviction]
[2023] NZHC 3784
WorkSafe NZ v Bakeworks Limited [double sentencing for hand injuries]
[2023] NZDC 5236
WorkSafe NZ v Buttles [as original counsel until December 2020]
[2023] NZDC 18939
WorkSafe NZ v Jivan Produce Limited
[2023] NZDC 26102
WorkSafe NZ v Culham Engineering Company Ltd [judgment]
[2023] NZDC 26308
WorkSafe NZ v Dunlop Drymix Limited
[2023] NZDC 25709
WorkSafe NZ v Progressive Meats Limited [Trial in Hastings in December 2022]
[2022] NZDC 3831
WorkSafe NZ v Progressive Meats Ltd [2022] NZDC 3831 – Trial in Hastings in December 2022
Envirowaste Services Limited Enforceable Undertaking publicised by WorkSafe NZ 1 November 2022 - Read EnviroWaste Services Limited | WorkSafe
WorkSafe NZ v QRZ Properties Limited
[2022] NZDC 15441
WorkSafe NZ v UBP Limited
[2022] NZDC 17228
WorkSafe NZ v Ironhide Roofing Limited
[2022] NZDC 17423
WorkSafe NZ v Donovan Group NZ Limited
[2022] NZDC 23982
WorkSafe NZ v Shore Living Limited & Chang Yun Construction Limited
[2021] NZDC 13214
Auckland Council v Efficient Bobcats Ltd
[2021] NZDC 13996
WorkSafe NZ v Downer New Zealand & McConnell Dowell Constructors Limited (for victim’s father) Enforceable Undertaking publicised by WorkSafe NZ 27 May 2022 - Read Downer New Zealand Limited | WorkSafe McConnell and Dowell Constructors Limited | WorkSafe
WorkSafe NZ v Excavation Equipment Pty Ltd (Australian based defendant – forklift injury – prosecution withdrawn in April 2020)
Unison Contracting Services Limited (electrocuted energy worker) Enforceable Undertaking publicised by WorkSafe NZ 17 April 2020 - Read Unison Contracting Services Limited | WorkSafe
WorkSafe NZ v Asian Natural Resources Ltd & Sullivan Contractors (2005) Ltd (s 34 – fatal forestry sentencing and negotiated charge down to s 34)
[2020] NZDC 20648
WorkSafe NZ v QJB Roofing Ltd and Fall Stop Scaffold Ltd (roofing – exposure to electrocution risks and two charges)
[2020] NZDC 3629
WorkSafe NZ v Dominion Constructors Ltd (s 34 – construction – significant fall from height negotiated charge to s 34)
[2020] NZDC 8722
Claymark Ltd – Unreported double sentencing (Amputated hand (Thames) and fingers (Rotorua) – February 2019)
R v A-Line Construction Ltd (RMA demolition waste case)
[2019] NZDC 25984
WorkSafe NZ v Supermac Group Resources Ltd
[2019] NZDC 15023
Accepted ‘Enforceable Undertaking’ – Earthcare Environmental Limited (Feb 2018): Read details
WorkSafe NZ v Locker Group (NZ) Limited (health & safety sentencing – Nov 2018)
Worksafe New Zealand v Quality Kitchens NZ Ltd and Quality Construction NZ Ltd (safety sentencings - 2017)
Maritime NZ v Roger Kenworthy Hawkes & Maritime Management Service Limited (Maritime charges – dropped and successful s106 discharge)
[2017] NZDC 26973
Maritime NZ v Roger Hawkes & Ors (successful 106 application and charges withdrawn against various defendants - 2017)
Accepted ‘Enforceable Undertaking’ – Directionz Ltd (Oct 2017): Read details
Maritime NZ v Richard Smith & Explore Group Limited [Original Counsel]
[2016] NZD
WorkSafe NZ v Hamilton Flooring Limited (health & safety sentencing – 2016)
Numerous safety “Duty Holder Reviews”
Coronial Investigations (e.g. forestry inquests, motorcross death of a spectator, house moving fatalities, diving deaths and heavy vehicle - refuse – fatalities including Coronial orders on the publishing of material)
Helen Kelly / CTU v Puketi Logging Limited (partially successful defence in a forestry fatality to a private prosecution 2015
[2015] NZDC 15206)
WorkSafe NZ v Dempsey Wood Civil Limited (successful health & safety trial - 2015)
WorkSafe NZ v Hawke Equipment Limited & Anor (charge withdrawn - 2015)
WorkSafe NZ v A J Russell Bricklayers Limited (fatal safety sentencing – 2015)
WorkSafe NZ v A J Russell Bricklayers Limited (fatal safety sentencing – 2015)
Waikato Regional Council v Orion Haulage Limited (RMA prosecution - 2014)
Waikato Regional Council v Hold the Gold Ltd & Ors (RMA prosecution – all charges withdrawn – 2014)
MBIE v New Zealand Starch Limited (health & safety sentencing – 2013)
R v Milkpride Limited & Ors (extensive animal welfare/dairy cow allegations, possibly New Zealand’s largest animal welfare case x 716 - 2013)
R v New Zealand School of Outdoor Studies & Ors (charges withdrawn)
Safety – Involvement with the St Kents School / Sweeney Todd H&S Investigation
Northland Regional Council v Flood (RMA / farming sentencing – 2012)
Review of the allocated ACC Levy Classification for a well-known New Zealand business and brand under the Accident Compensation Act 2001 (Review 2993: 2012)
Department of Labour v Zion Wildlife Gardens Ltd & Anor (2012)
Department of Labour v Progressive Meats Limited (successful health & safety trial - 2012)
Numerous cases involving fatalities and multiple fatalities and literally hundreds of company, worker, officer and PCBU interviews / Workplace Investigations
Department of Labour v APN Print NZ Limited & Anor (2011-2012)
Department of Labour v Allegro Limited (safety sentencing – 2012)
Auckland City Council v Aviation Country Club of New Zealand Incorporated and Ors (RMA prosecution - 2012)
Liquor Licensing Authority – Sale of Liquor Act 1989 allegations [PH 1122 and 1123/2009]
Department of Labour v Kauri Park Nurseries Limited (safety sentencing 2011)
Department of Labour v Alpha Refuse Collections Limited (fatal safety sentencing – 2011)
Auckland Council v Macrod Contractors Limited (Earthworks/RMA sentencing – 2011)
Department of Labour v Abercrombie t/a / A-Line (successful health & safety trial - 2010)
Department of Labour v BBL Contracting Limited (Forestry sentencing – 2010)
Department of Labour v Porter Cranes Limited & Anor (safety sentencing – 2010)
Department of Labour v Freight Lines Ltd (original counsel – 2009)
Department of Labour v Waitomo Big Red Ltd (original counsel – Quad Bike Fatality 2009)
Department of Labour v James Boshier – Miranda Hot Springs (fatal health &safety sentencing – 2008)
Auckland City Council v Murphy McDade (Building Act prosecution – 2007)
R v Joan Morrow and the Newmarket RSA (Gambling Act sentencing – 2007)
Department of Labour v Preco Limited (health & safety sentencing and the role of insurance as later mentioned in Hanham & Philp – 2007)
Auckland City Council v Kirkham (RMA – Planning sentencing – 2006)
Department of Labour v Todd and Pollock Cranes Limited & Anor (fatal sentencing and possibly the first use of restorative justice for a health & safety offence - 2006)
