Biography

Tim Clarke is an experienced litigator with a specialist focus on employment and workplace safety law. His practice encompasses advocacy in the courts of general jurisdiction (including appellate courts), the Employment Court, Employment Relations Authority and Human Rights Review Tribunal. He also has extensive experience in mediation and workplace investigations.

Tim graduated from the University of Auckland in 1994 with a Bachelor of Science and Bachelor of Laws with Honours (BSc / LLB (Hons)). He received senior prizes in both law and psychology. From 2012 to 2023, Tim was a partner at Bell Gully. In 2024, he commenced practice as a barrister sole.

Between 1997 and 2004, Tim practised general commercial litigation in Hong Kong and the British Virgin Islands. Earlier in his career, he worked as a solicitor at Russell McVeagh and Chapman Tripp. He has been admitted to practise in New Zealand, Hong Kong, England and Wales, the British Virgin Islands, and Anguilla.

Tim is recognised in Doyle’s Guide 2026 as a Recommended Junior Counsel in Employment Law (Barristers). Before joining the independent Bar, he was recognised by The Legal 500 Asia Pacific as a leading lawyer in labour and employment law, with earlier editions noting that he brings “a litigator’s perspective to health and safety matters.” Chambers Asia Pacific 2024 also ranked Tim as a leading employment lawyer, and he was recognised as one of the leading New Zealand labour and employment specialists by Lexology (formerly Who’s Who Legal).

Tim accepts instructions to act as counsel, mediator, and independent workplace investigator. He is authorised by the New Zealand Law Society to accept direct instructions from clients.

Professional memberships

Tim is an AMDRAS Accredited Mediator and an Associate member of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and the Resolution Institute. He is also a member of the Association of Workplace Investigators (AWI).

Since 2016, Tim has served on the Health and Safety Committee of The Law Association (formerly ADLS). He is also a member of the Employment Law and Privacy Committee and the Education Committee of the New Zealand Bar Association.

Recent Experience

Employment litigation

FMV v TZB [2021] NZSC 102 (SC)

Acting for TZB (employer) in successfully striking-out High Court proceedings brought by a former employee in the High Court for want of jurisdiction. The Supreme Court decision dealt with the jurisdictional boundary between the courts of general jurisdiction and the exclusive jurisdiction of the employment institutions.

FMV v TZB [2026] NZEmpC 91 (EC)

Acting for TZB in successfully striking out FMV’s challenge proceedings in the Employment Court, on the ground that her underlying personal grievance claims were time-barred and it would not have been just to require TZB to defend the claims.

CHANNEL INFRASTRUCTURE NZ LTD v HOLROYD & 120 ORS [2025] NZEmpC 263 (EC)

Appearing for Channel in successfully challenging the Authority’s determination regarding the calculation of redundancy compensation following the conversion of the Marsden Point oil refinery to an import terminal.

FMV v TZB [2024] NZERA 584

Appearing for the respondent in successfully having the applicant’s claim treated as withdrawn due to inaction, and on the additional ground that the underlying claim was statute-barred.

ZYZ v QBC [2024] NZHRRT 50

Acting for the defendant in successfully striking out the plaintiff’s claim at trial as an abuse of process, following nine years of litigation.

G v HUMAN RIGHTS REVIEW TRIBUNAL & ANOR [2023] NZHC 3883 (HC)

Acting for the second respondent in successfully defending the applicant’s judicial review application. The application sought to challenge the Tribunal’s decision dismissing the applicant’s application for further and better discovery and challenging claims of privilege.

GOODMAN FIELDER NEW ZEALAND LTD & ORS v RICKARD-SIMMS [2019] NZHC 599 (HC)

Judicial review application challenging the decision of the District Court to accept documents for filing initiating a private prosecution of the applicants under the Health and Safety at Work Act 2015.

WILLS v GOODMAN FIELDER NEW ZEALAND LTD [2014] NZEMPC 233 (EC)

Acting for the defendant in a claim for constructive dismissal arising out of the closure of the company’s bakery building and plant as a result of the 2011 Canterbury Earthquake.

LYTTLETON PORT COMPANY v RMTU [2014] NZ NZEMPC 236 (EC)

Acting for Lyttleton Port Company in an application for an urgent interim injunction to restrain members of RMTU from participating in strike action at the Port on the grounds of health and safety.

GEORGE v AUCKLAND REGIONAL COUNCIL [2013] NZEMPC 179 (EC)

Acting for the Council in successfully defending claims by a former employee for unjustified dismissal and disadvantage.

HUTTON & 111 ORS v PROVENCOCADMUS LTD (IN REC) [2012] NZEMPC 207 (EC)

Acting for the receivers of ProvencoCadmus in successfully defending claims by representatives of 112 former employees as to the identity of their former employer prior to receivership.

LSG SKY CHEFS NEW ZEALAND LTD v PACIFIC FLIGHT CATERING LIMITED HC Auckland, CIV 201-404-00277, 14 February 2011 (HC)

Acting for PFC in successfully opposing an interim injunction application by LSG in the High Court seeking compliance with Part 6A of the Employment Relations Act 2000 (protected workers).

General litigation

SIEMER v HERON & ANOR [2011] NZSC 133 (SC), [2013] NZSC 111 (SC)

Acting for the first and second defendants in defending a multitude of proceedings brought by the plaintiff. The Supreme Court decision concerned whether a right of appeal to the Court of Appeal existed for an interlocutory decision and upheld the defendants’ argument that any underlying appeal right was deemed abandoned and ceased to exist.

ORLOV v ANZA DISTRIBUTING (NZ) LTD & ANOR [2011] NZSC 28 (SC)

Acting for liquidators of ANZA in ongoing litigation successfully challenging the standing of USG to bring proceedings purportedly for and on behalf of the company in liquidation.

HOUGHTON v SAUNDERS & ORS (2009) 19 PRNZ 476 (HC)

Acting for the defendants in the Feltex IPO proceedings in successfully obtaining the production of the expert accounting opinion relied upon by the plaintiffs, and a stay of the proceedings pending an appeal of an earlier decision to the Court of Appeal.

Health and Safety prosecutions

WORKSAFE NZ v VISY GLASS NEW ZEALAND LTD [2023] NZDC 18533

WORKSAFE NZ v AFFCO NEW ZEALAND LTD [2023] NZDC 12484

WORKSAFE NZ v ASUREQUALITY LTD [2020] NZDC 23107

WORKSAFE NZ v ALLIANCE GROUP LTD [2019] NZDC 10924

WORKSAFE NZ v FIRST GAS LTD & ORS [2019] NZDC 2822

WORKSAFE NZ v ALLIANCE GROUP LTD [2018] NZDC 20916

WORKSAFE NZ v RENTOKIL INITIAL LTD [2016] NZDC 21294

WORKSAFE NZ v FLETCHER STEEL LTD [2015] NZDC 15704

WORKSAFE NZ v FLETCHER STEEL LTD [2015] NZDC 8262

WORKSAFE NZ v GENERAL DISTRIBUTORS LTD [2015] NZDC 18672

MBIE v GOODMAN FIELDER NEW ZEALAND LTD (2013) CRI-2013-054-001534

Enforceable undertakings: St Kentigern Trust Board (2017); The Supplychain Limited (2018)

Seminars / Papers

NZLS CLE Employment Law Conference (2025), “Advocacy Skills in the Employment Jurisdiction”.

TLANZ (2025) “Health and Safety case law update”.

NZLS Employment Law Conference (2022), “In a tight spot: individuals convicted as officers under HSWA”.

ADLS Employment Law (2022), “Blowing a new whistle: Unpacking the new Protected Disclosures regime”.

ADLS Employment Law (2021), Burning Issues: “The Supreme Court decision in FMV v TZB”.

ADLS Health and Safety (2021), “When an inspector comes knocking”.

ADLS Property Law (2018), “Asbestos in the workplace”.

ADLS Health and Safety (2017), “Engaging with WorkSafe: Handling incidents and investigations”.

NZLS Property Law Conference (2014), “Earthquake prone buildings: There is no such thing as a ‘get out of jail free’ card”.

NZLS Tax Conference (2012), “Managing documents in a dispute”.

NZLS Employment Law Conference (2012), “Personal grievances: Getting the remedies right”.

Contact

Our People

Tim Clarke