In practice for over 20 years, Andrea joined Pitt & Moore in 2016 with an extensive litigation background having successfully acted as sole or second counsel in a wide variety of disputes.
Having previously been employed in a range of litigation roles, (council, private practice and government organisations) Andrea has a wealth of knowledge about the general application of the law and litigation.
Andrea has appeared in most of the major Courts of New Zealand. She has had extensive training in litigation and undertook the NZ Law Society Advanced Litigation Skills Course in 2015.
Most cases settle out of court and Andrea has successfully represented clients in all stages of litigation – be it negotiation, mediation, arbitration or a Court trial. Andrea believes that the secret to success in any dispute is to know your facts, know your law and to understand your client’s objectives.
Andrea’s core areas at Pitt & Moore are now in resource management, relationship property, and trust and estate litigation.
Andrea heads our resource management team. Her advice in relation to resource consents, land use and subdivision consents and district and regional plan processes is pragmatic and reflects her practical approach to often complex resource management issues.
Since joining Pitt & Moore in 2016 Andrea has been involved in a number of contested applications for resource consents. These included 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 a proposal and is capable of giving advice as to the wisdom of taking steps in opposition or not.
Andrea is also qualified to be appointed as a Hearings Commissioner by local councils to determine applications for resource consents or District Plan changes. She is a former Chairperson of the Nelson/Marlborough Branch of the Resource Management Lawyers Association and maintains her membership in that organisation.
Andrea is very experienced in giving advice in both non-contentious and contentious relationship property matters. 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 under which the Court can appoint an independent expert to undertake an inquiry as to valuation and related matters. The High Court for the first time set out the scope of the powers of the appointee and recognised that section 38 was under-utilised. The avenue under section 38 is particularly useful when one party is being obstructive and an independent person is needed to gather information so that the extent and value of the relationship property pool can be determined.
Death is one form of separation so Andrea is also very familiar with the steps that need to be taken by a spouse when their partner dies. With people living longer, having successive relationships and having children from different relationships, estate litigation is increasingly common and more complicated.
Andrea is experienced in giving advice on claims that can be brought:
Andrea is highly aware of the time, cost and stress of estate disputes and strives to obtain a settlement out of court as soon as possible if that can be achieved. If not, she is well able to appear in Court and provide advocacy.