In practice for over 20 years, Andrea has an extensive litigation background and has successfully acted as sole or second counsel in a wide variety of matters.
Having previously been employed in a wide range of litigation roles, (council, private practice and government organisations) she has a wealth of knowledge about the general application of the law.
Andrea has appeared in all of the major Courts of New Zealand but is still waiting for that Supreme Court case. She has had extensive training in litigation and undertook the Advanced Litigation Skills Course in 2015 course – a highly regarded programme for advanced litigators.
Most case settle out of court and Andrea has successfully represented clients in all stages of litigation – be it negotiation, mediation, arbitration or a Court proceeding. Andrea believes that the secret to success in any dispute is to know your facts and your law and to understand your client’s objectives.
Andrea’s core areas 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. She is well aware of the need to thoroughly prepare applications for resource consent hearings, to consult with affected parties, and to ensure the appropriate expert advice is obtained.
Since joining Pitt & Moore in 2016 Andrea has been involved in a number of contested applications for resource consents – all of which to date have been successful. These included obtaining consent 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 is qualified to be appointed as a Hearings Commissioner by Councils to determine applications for resource consents or District Plan changes. She is the current Chairperson of the Nelson/Marlborough Branch of the Resource Management Lawyers Association.
Another core area of practice for Andrea is relationship property. Andrea is very experienced in giving advice in both non-contentious and contentious relationship property disputes. 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.
Andrea was recently involved in a successful 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. This is particularly useful when one party is controlling access to information and the other party is unable to be advised as to the extent of the relationship property pool.
Separation can occur by death and so it is no surprise that Andrea is also very familiar with the steps that need to be taken by a spouse when their partner dies. Andrea is also experienced in giving advice on claims (defending or bringing) brought against an estate under the provisions of the Family Protection Act 1955. Andrea is highly aware of the time, cost and stress of familial 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.
Andrea has recently successfully defended and brought claims by adult children against their parent’s estate. With people living longer, having successive relationships and children, this is an increasingly common area of dispute.