Rachael is a litigator who has experience across a range of areas. She provides advice on public and employment law obligations, and appears as counsel in the Courts and the Employment Relations Authority, and in mediations.
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Rachael specialises in public and administrative law, Māori legal issues and employment law. Rachael builds strong client relationships and is a trusted advisor to organisations in both the public and private sector.
Rachael has particular expertise in Māori legal issues. She has acted for a number of iwi and Māori organisations on matters such as settlement negotiations with the Crown, challenges to mandates and representation in both the Waitangi Tribunal and the Courts, and post settlement issues. She has also advised clients in both the public and private sector on their obligations to, and relationships with, Māori.
Rachael is ranked as a leading lawyer for public law in Chambers Asia Pacific 2024. She is recognised for assisting clients on a variety of public law-related issues and is particularly noted for her experience across litigation, employment law and Māori legal issues. In a previous edition, clients noted her “ability to think laterally” and “clarity of thinking.”
Rachael is also ranked as a leading individual for labour and employment in The Legal 500 Asia Pacific 2024. In previous additions, clients say "Rachael Brown was a standout in this space for her deep technical knowledge, professionalism and responsiveness." Her team have also been applauded for their “responsiveness” and “ability to continually deliver during an extremely challenging period”, and Rachael is described as being “highly adept at managing expectations”… “her pragmatic approach to providing advice and guidance and her ability to cut to the heart of the matter… is a key strength”.
Rachael was named as one of New Zealand Lawyer’s Elite Women in 2021, 2022, and 2023. This showcases women in the legal profession in New Zealand who are making a lasting positive impact on the field and within their respective communities.
Work highlights
Māori legal issues
Advising Te Rūnanga o Ngāi Tahu on all aspects of the relativity mechanism included in its 1997 Deed of Settlement with the Crown including, since 2012 when the mechanism was triggered, six arbitrations with the Crown to resolve disputes relating to the mechanism, and High Court proceedings.
Acting for Te Rūnanga o Ngāi Tahu in judicial review proceedings brought by another iwi relating to the allocation of whalebones, which were the subject of a judgment of the High Court in May 2023 which stated that allocation issues should be resolved by a tikanga consistent process.
Acted for Te Rūnanga o Ngāi Tahu in the first High Court proceeding to be determined under the Marine and Coastal Area (Takutai Moana) Act 2011 (Re Tipene), and acting for Te Rūnanga o Ngāi Tahu in relation to its own application under that Act.
Acted for Kāinga Ora – Homes and Communities in judicial review proceedings relating to the Wakatū litigation regarding the Crown's fiduciary obligations to Māori in the top of the South Island.
Acted for a number of iwi settling with the Crown in challenges to their mandates in both the Waitangi Tribunal and the Courts, and related proceedings including Waitangi Tribunal and High Court proceedings for Tūhoe and a High Court trial for Te Arawa which addressed fiduciary obligations. Rachael has also provided advice to iwi and Māori incorporations regarding their rights and obligations, and issues relating to the Treaty settlement process.
Education sector
Advised on the establishment of Te Pūkenga – New Zealand Institute of Skills and Technology, and providing ongoing public law and employment law advice to Te Pūkenga, and provided public law and employment advice to several tertiary education institutions.
Health sector
Acted for a private provider of health services in a dispute with a District Health Board, and for Pharmac in litigation with a pharmaceutical company on a contractual interpretation issue which settled before going to trial.
Employment advice
Advising clients in both the public and private sector on all areas of employment law including Holidays Act compliance issues, corporate restructurings, mergers and acquisitions, performance issues, and representing clients in contentious matters.
Workplace safety
Advising clients on their obligations under the Health and Safety at Work Act. This includes advising clients on investigations and prosecutions relating to health and safety issues. Rachael has particular expertise regarding health and safety issues in the electricity sector, including having acted for Wellington Electricity in a prosecution under the Electricity Act by WorkSafe.
