Andrea Halloran
Partner
Litigation partner with decades of experience.
Appeared successfully at most levels of the New Zealand Court system.
Advises clients on relationship property, estate and resource management issues.
DDI: +64 3 545 6701
Andrea is our litigation partner and has been in practice for over 30 years.
She primarily advises clients on relationship property, estate and resource management issues and has appeared successfully at most levels of the New Zealand Court system.
Andrea joined Pitt & Moore in 2016. Having previously been employed in a range of litigation roles, (council, private practice and government organisations) she has a wealth of knowledge about the general application of the law and litigation.
Andrea’s core areas of expertise are as set out below.
Client Reviews
“Andrea Halloran provided exceptional guidance and reassurance during one of the most challenging periods our family has faced. She navigated a complex legal process with remarkable composure, compassion, and expertise, and in court she was assured, incisive, and meticulously prepared. We remain deeply grateful to Andrea and the wider team at Pitt & Moore for their outstanding support.”
“Right from my initial email, Andrea has responded in a timely, efficient but, most importantly, empathetic manner. Going through something so challenging brings a raft of emotions and I appreciated her steady and calm approach. Face-to-face appointments, which I favoured, were always easy to slot into what I imagine is a very full diary for her. I would often walk into these appointments highly stressed and come out reassured, seen and confident that I had someone who was well and truly in my corner in negotiating a favourable settlement.”
– Victoria (Vick) SharpRelationship property
Andrea regularly gives advice in both non-contentious and contentious relationship property matters. This includes separation agreements as well as contracting out agreements. Having successfully made and defended applications to set aside a contracting out agreement, Andrea knows the pitfalls to avoid. Her general litigation experience puts her in good stead to deal with matters if they need to escalate to a determination in the Family Court or High Court, but her expertise in this area means that most matters settle without the need for proceedings and, if proceedings are necessary, resolved without the need for a Court trial.
Andrea is particularly proud of her involvement in an appeal to the High Court for an order under section 38 of the Property (Relationships) Act 1976 by which the Court can appoint an independent expert to undertake an inquiry as to valuation and related matters – Brainich-Felth-Eilander v Ward (No. 2) [2016] NZHC 3176. For the first time, the High Court set out the scope of the powers of the appointee and recognised that section 38 was under-utilised. Accurate and full information is essential to resolve relationship property issues and section 38 is particularly useful when one party is being obstructive in providing information as it enables an independent person to gather the information so that the extent and value of the relationship property pool can be determined.
Estate disputes
Death is one form of separation, so Andrea is very familiar with the steps that need to be taken by a spouse when their partner dies or by children or grandchildren when they have not been sufficiently provided for. With people living longer, having successive relationships, and having children from different relationships, estate litigation (sometimes involving a contracting out agreement) is increasingly common and more complicated.
Andrea’s expertise covers claims that can be brought:
by spouses, partners, children, and grandchildren against an estate under the provisions of the Property (Relationships) Act 1976, Family Protection Act 1955; and
under the Law Reform (Testamentary Promises) Act 1947 for provision under an estate for services provided to the deceased pursuant to a promise;
opposing the grant of probate for an estate where there are issues as it relates to the testamentary capacity or influence placed on a will-maker that have led to a “contested” will.
Andrea provides guidance on these sensitive issues recognising that adding light – not heat – is more likely to facilitate an agreed outcome among family members.
Resource management law
Since joining Pitt & Moore in 2016, Andrea has been involved in a number of contested applications for resource consents.
These include:
obtaining consents for the dredging of contaminated sediments and associated reclamation;
for the operation of a large pack house and cool storage facility;
for a Comprehensive Housing Development; and
for a day care facility.
Andrea has also acted for submitters in opposition to proposals and can give practical advice grounded in her expertise and experience as to the wisdom of taking steps to oppose a proposal or not.
Civil litigation
Andrea is also involved in a range of civil litigation as needed. Andrea commonly advises clients on the range of options available in property disputes or where a property matter needs the assistance of the Court.
While Andrea does her utmost to keep her clients out of Court, she is well placed to go to trial if a reasonable outcome cannot be obtained any other way. She completed the Advanced Litigation Skills course in 2016 and has appeared as sole or lead counsel in many proceedings.
The more notable cases Andrea has been involved in include:
Lead counsel in the successful defence of an application for the grant of probate for a contested will. The High Court set aside the will on the basis that the will-maker did not have capacity and the will had been procured by undue influence – Kingsford v Mathers [2024] NZHC 2470.
Sole counsel for the successful application to remove and replace the executors of an estate on the grounds of conflict – Jones v Jones [2023] NZHC 1408.
Sole counsel in the successful defence of an appeal concerning the Family Protection Act 1955 – Emeny v Mattsen [2024] NZHC 291.
Sole counsel in the successful application for an order extinguishing an easement over a property – Re Baigent [2021] NZHC 3081.
Sole counsel in the successful application for an order extinguishing several easements over land in the process of being subdivided – Re Stoke Valley Holdings Ltd [2020] NZHC 430.
Sole counsel in the successful defence of an appeal concerning the Family Protection Act 1955 – Waine v Tigg [2018] NZHC 1976.
Second counsel in a significant decision from the High Court concerning the application of section 38 of the Property (Relationships) Act 1976 (which allows the Court to order an inquiry into relationship property assets) – Brainich-Felth-Eilander v Ward (No. 2) [2016] NZHC 3176.
Second counsel in an important decision from the High Court concerning litigation costs as damages – Peters v Peters (No 2) [2013] NZHC 1061.
