Senior Associate

Charlotte Robertson

LLB / BHSc
Profile
Charlotte is a Senior Associate in the Disputes Team

Charlotte graduated from the University of Auckland with a Bachelor of Laws and a Bachelor of Health Sciences and was admitted to the bar in 2009.  She specialises in all aspects of civil and commercial litigation, with an emphasis on insurance and construction. She has acted in a wide range of insurance and construction disputes, as well as representing clients in statutory investigations and prosecutions. Charlotte acts for a range of clients, from individuals, small and large businesses, to multi-national insurance corporations. She has appeared in a number of tribunals, the District Court, High Court and the Court of Appeal.

Charlotte has particular experience in all areas of litigation relating to insurance, including professional indemnity claims against a broad range of professionals (primarily in the construction sector), subrogated recovery, marine and cargo claims and advising on complex coverage issues.  She has also handled a number of complaints to disciplinary bodies such as the New Zealand Law Society Standards Committee. Charlotte also advises clients in respect of investigations and prosecutions under the Resource Management Act 1991 and the Health and Safety at Work  Act 2015, where she has had some excellent results.

In 2011 and 2012, Charlotte spent time in London, where she worked at Linklaters LLP and Fenchurch Law, a firm that specialises in assisting insureds with disputes with insurers.  This has given her a different perspective which has been invaluable in understanding the insured’s position when she is dealing with coverage issues. 

More recently, Charlotte undertook further study in respect of maritime law and is focusing on building her transport practice.

Charlotte is a member of the New Zealand Insurance Law Association and WISTA New Zealand, as well as being a founding member of the New Zealand branch of Young Insurance Professionals (YIPs) Australia and New Zealand Inc.  She is also currently the President of Auckland Coastguard Incorporated. 

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Experience

Examples of work completed by Charlotte include:

  • Secondment to a major insurer as Deputy General Counsel;
  • Advising an insurer on policy response resulting in a declinature of a multi-million dollar claim and then acting for the insurer;
  • Acting for various engineers in respect of a claims in for alleged negligence in construction of “leaky” building;
  • Acting for building consultants in respect of claims for alleged negligent remedial work on multi-unit dwellings;
  • Advising and representing duty holders in WorkSafe investigations and prosecutions under the Health and Safety Act 2015;
  • Regularly advising insurers on coverage issues;
  • Representing defendants in multiple WorkSafe prosecutions, as well as prosecutions by Councils for breaches of the Resource Management Act 1991;
  • Acting for solicitors in various High Court proceedings for claims of negligence;
  • Acting for solicitors, real estate agents and builders in respect of complaints and acting in the disciplinary process, including drafting submissions and appearing in tribunal.
Media
Publications

Insights & Opinion / Charlotte Robertson

Duty of care owed by manufacturers of cladding products: Cridge v Studorp Ltd [2024] NZCA 483
The Court of Appeal’s recent decision in Cridge v Studorp Ltd [2024] NZCA 483 confirms that a manufacturer of cladding products owes a non-delegable duty of care to building owners (commercial and...
20.11.2024 Posted in Construction
iStock  Construction dpi
“More than an opinion”: criminal liability arising from PS4 producer statements under the Building Act 2004
In Solicitor-General’s Reference (No 1 of 2022) from CRI-2021-463-55 ([2022] NZHC 556) [2024] NZCA 514 the Court of Appeal was asked to consider the following question: Was the Court correct to find...
15.10.2024 Posted in Construction & Disputes
Close call on contribution: Beca decision confirms 10-year longstop does not bar contribution claims
In a 3-2 split decision, the Supreme Court in Beca Carter Hollings & Ferner Ltd v Wellington City Council [2024] NZSC 117 confirmed that contribution claims are not barred by the Building Act 2004...
11.10.2024 Posted in Construction & Disputes & Insurance
Concrete pillars impressive
Limitations on Contribution Claims – will a defendant be left exposed if a claim is filed at the last minute?
Like many jurisdictions, New Zealand has legislation that imposes statutory limitation periods on civil claims.  Under the Limitation Act 2010 (Act) (for claims arising on or after 1 January 2011), t...
22.08.2023 Posted in Construction & Disputes
contracts flying
Is Your Fitness For Purpose Clause Fit For Purpose?
In any claim arising from a construction or supply contract, parties will often look to the contract to see whether there is a fitness for purpose clause.  However, poor drafting can result in confus...
09.08.2023 Posted in Construction & Insurance
Insurance
Sum Unsure? – 2023 Weather Events a Timely Reminder to Check Limits of Insurance
In light of the significant weather events around the country in 2023, now is a good time for insureds to check the sum insured of their insurance policies to avoid a second crisis. Under-estimating t...
02.06.2023 Posted in Climate Change & Insurance
marine
It’s not “all care, no responsibility”
Director prosecuted for health and safety failures arising from fire that caused significant damage to cargo ship.
29.05.2023 Posted in Health & Safety & Trade and Transport
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