Who I am
TERENCE STAPLETON QC
Address: 2/310 Tinakori Road, Thorndon, Wellington, New Zealand
Post: PO Box 3500, Wellington 6140, New Zealand
Mobile: +64 27 291 4462
DDI: +64 4 915 1570
TERENCE STAPLETON QC
For any general enquiries, please fill in the following contact form:
Reported cases include:
Official Assignee v Westpac Banking Corporation  3 NZLR 545 (CA) – book debts;
Sina Holdings Limited v Westpac Banking Corporation  1 NZLR 1 (CA) – leases;
Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd  3 NZLR 318 (CA) – the principles for the granting of leave to appeal arbitration awards;
O’Leary v Sentiero Properties Limited (2006) 7 NZCPR 869 (CA) – priority of equitable interests;
Congreve v Big River Paradise Ltd  2 NZLR 402 (CA) and  2 NZLR 589 (SCNZ) – interpretation of restrictive covenants over land.
Recent instructions include:
Conciliations and mediations in my specialist areas of practice;
Complex and substantial relationship and trust property settlements and litigation;
Body Corporate “leaky building” litigation, remediation projects, and other disputes;
Partner and shareholder disputes in professional and commercial firms and companies;
Commercial lease and franchise disputes;
High Court litigation relating to various land issues (various proceedings).
Specialising in Commercial and Corporate Law, Construction Contracts, Relationship and Trust Property, Litigation, Dispute Resolution and Strategy
Relationship and Trust Property
I have dealt with many high-end relationship and trust property matters, obtaining excellent results for my clients when they most needed economic, efficient and effective outcomes.
I have substantial experience in construction law and am very familiar with the various standard forms of construction contracts.
As well as acting as counsel for parties to construction contracts, I have been appointed as adjudicator under the Construction Contracts Act on many occasions to determine construction disputes.
Dispute Resolution and Strategy
As a result of my extensive experience, I am regularly engaged to provide strategic assessment and advice.
I believe in problem solving and getting results - I don't want my clients wasting their time and money on lengthy and unnecessary litigation, when most disputes can be (and are) resolved by agreement.
When early resolution by negotiation or mediation is neither desired by my client nor possible, the litigation (including appeals) proceeds with ongoing assessment and advice.
I am a Queen's Counsel with extensive litigation experience. I have appeared as counsel in all courts, in many cases, ranging from murder to derivative and minority proceedings under the Companies Act to various property issues.
I was a Crown Prosecutor and then a commercial litigation partner at both Brandon Brookfield and Simpson Grierson, before co-founding Stapleton Stevens (a specialist dispute resolution and litigation firm) and later commencing practice as a barrister sole.
I have had a long association with the Law Society’s Litigation Skills advocacy programmes and directed the 2015 Advanced Litigation Skills programme. I was a contributing author to all three editions of the Law Society’s Introduction to Advocacy published in 2000, 2008 and 2014.
Commercial and Corporate Law
My substantial commercial and corporate experience is not limited to dispute resolution and litigation.
I have had substantial public and private sector governance experience, including as an independent director for an NZX and ASX listed company.
I served as a Member of the Commerce Commission for two terms and then as an inaugural Cease and Desist Commissioner under the Commerce Act.