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Sally McKechnie
BA LLB(Hons) BCL(Oxon) MPhil(Oxon) • Wellington
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Sally is a leading public law and regulatory advisor and litigator. She founded and leads our public law and government practice. She provides pragmatic and analytical advice, targeted at resolving disputes to secure the best possible client outcomes.
Sally helps both private and public clients to manage a wide range of public and administrative law and regulatory issues - including regulatory disputes, judicial review and declaratory judgment. She has particular expertise in contested matters, and in seeking and resisting urgent injunctions and interim orders.
She assists clients with participating in inquiries, government reviews and Royal Commissions and she conducts investigations for public agencies. Sally assists clients in engaging with public agencies, including the Ombudsman, Auditor General and Privacy Commissioner in terms of complaints and responding to investigations.
Sally’s pragmatic and common sense advice draws on her experience as a litigator. She has considerable trial and appellate experience and appears regularly in the High Court, Court of Appeal and before inquiries, specialist courts and tribunals. Sally also has considerable experience in the public law aspects of employment law, and appears regularly in the Employment Court.
Sally joined Simpson Grierson from Crown Law in May 2017. As Crown Counsel, she represented and advised Ministers, regulators, statutory decision makers and government departments and ministries. That Crown experience gives her a unique insight into engaging with government.
Her clients say:
“She’s quite unique - the best lawyer I’ve worked with, bar none. She understands the politics and relationships with government and other stakeholders.”
Sally is currently a Board member of Callaghan Innovation, Gymnastics New Zealand and Cricket Wellington. She is a member of the Institute of Directors, Australia and New Zealand Sports Law Association and the Australia and New Zealand Education Law Association.
Sally authored the New Zealand chapter of the International Data Guidance Notes on Whistleblowing and was co-author of New Zealand Law Society national ‘Judicial Review’ Seminar (Feb-March 2021).
Chambers Asia-Pacific 2023
Public Law
Leading Lawyer
Work Highlights
Resolving contested regulatory matters and public decision making
Sally assists companies to resolve issues with public and regulatory decision making, securing positive and discrete solutions for clients. She works across a wide range of sectors including health and medical, Covid-19 regulation, pharmacy, broadcasting, mining and extractives, government procurement and contracting.
Judicial review
Sally regularly appears in judicial review matters, in a wide range of areas. Recent cases include:
- Lead counsel in successful challenge to District Court decision on the jurisdiction of WorkSafe to prosecute for the death of a soldier during a Counter Terrorism collective training exercise. New Zealand Defence Force v District Court of New Zealand [2022] NZHC 3559
- Acting for overseas investors, in both challenging and defending judicial reviews of Ministerial decisions under the Overseas Investment Act. Lead counsel in New Zealand Democratic Party for Social Credit Inc v Minister for Land Information [2020] NZHC 2816. Counsel in Coromandel Watchdog of Hauraki (Inc) v Minister of Finance [2020] NZHC 2345.
Royal Commissions and government inquiries
Sally has an extensive inquiries practice, including acting for the Catholic Bishops and Congregational Leaders and other faith groups in the Royal Commission into Abuse in Care. She has assisted a wide range of clients (including government chief executives, state employees and whistle blowers) in the Royal Commission regarding the Mosque Shootings, in Operation Burnham, the Wally Haumaha inquiry and the inquiry into the Government’s use of private investigators.
Crown Entities
Assisting a number of Crown entities in relation to their decision making, interactions with responsible Ministers, statutory obligations and Ministerial powers, including representing a Crown Entity in a judicial review regarding the scope of Ministerial powers of direction and advising a Crown Entity on Treaty of Waitangi obligations.
Education sector
Advising universities, schools, ECE providers and PTEs on their statutory and regulatory obligations.
Acting for a large PTE in challenging the regulatory actions and decisions of NZQA, including bringing judicial review proceedings and seeking interim orders to prevent the imposition of decisions.
Assisting a university with controversial attempted name change decision.
Covid-19 and statutory and regulatory reform
Advising clients on the application and lawfulness of Covid-19 law changes and other regulatory and statutory reform.
Negligence and class actions
Acting in ‘Kiwifruit Claim” in the High Court, a class action claim for $600 million, for alleged negligence under the Biosecurity Act in the horticultural sector. Advising Crown entity clients on potential negligence risks and mitigation.
Privacy and Official Information
Assisting public and private clients with Ombudsman’s and Privacy Commissioner requests and investigations. Advising New Zealand based business and NZ based international subsidiaries on the Privacy Act and GDPR obligations and compliance.
Treaty of Waitangi obligations
Advising a Crown Entity in relation to their involvement in Waitangi Tribunal hearings.
Human Rights
Acting for a Council and Council controlled organisation against allegations of discrimination in proceedings in the Human Rights Review Tribunal.
