Associate

Richard Belcher

BA, LLB, AAMINZ
Profile
Richard is an Associate in the Litigation & Dispute Resolution team

Richard is an experienced advocate. He regularly assists clients with complex civil and public-law issues, in addition to regulatory investigations and prosecutions. He has particular expertise in civil litigation, insurance, health and safety, professional discipline, regulatory compliance, and trade and maritime disputes.

He has appeared as counsel in various Tribunals, the District Court, the High Court and the Court of Appeal.  As a former Crown prosecutor, he conducted jury trials involving serious criminal offending and regularly appeared at bail, pre-trial and sentencing hearings, and conviction, sentence and bail appeals.

Richard has also provided advice, and acted as counsel, to various regulatory bodies including:

  • Maritime New Zealand (in prosecutions under both the Maritime Transport Act and the Health and Safety at Work Act 2015);
  • The Real Estate Agents Authority (in unsatisfactory conduct and penalty appeals, and disciplinary prosecution of misconduct in the New Zealand Real Estate Agents Disciplinary Tribunal);
  • The Teaching Council (prosecuting charges of misconduct and serious misconduct in the New Zealand Teachers Disciplinary Tribunal);
  • The Plumbers, Gasfitters and Drainlayers Board (prosecuting both criminal and disciplinary offences); and
  • The Royal Society for the Protection of Animals (prosecution of animal welfare offending).

Richard is a member of Maritime Law Association of Australia and New Zealand (MLAANZ) and New Zealand Insurance Law Association (NZILA).

He has also assisted in drafting the New Zealand’s contributions to Lexology’s “Getting the Deal Through: Shipping” and the Shipping Law Review.

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Experience

Examples of work completed by Richard include:

Hammond v Real Estate Agents Authority [2020] NZREADT 49;

Corless v R [2020] NZHC 3208;

Real Estate Agents Authority v Catley [2020] NZHC 1904, (2020) 25 PRNZ 380;

Plumbers, Gasfitters and Drainlayers Board v Muggleston [2020] NZDC 11278;

Maritime New Zealand v Fullers Group Ltd [2020] NZDC 10157;

Mackisack v Police [2020] NZHC 57;

Complaints Assessment Committee 521 v Wright [2019] NZREADT 49; [2019] NZREADT 56;

Complaints Assessment Committee v Teacher A [2018] NZTDT 53 (1 May 2019);

Dowson v Real Estate Agents Authority [2019] NZREADT 15;

Maritime New Zealand v Hutchings [2019] NZDC 15623;

H v Family Court [2018] NZHC 3459, [2019] NZAR 344;

Friends of the Auckland Art Gallery Acquisitions Trust v Friends of the Auckland Art Gallery Inc [2018] NZHC 1768, [2018] NZAR 1265;

Cribb v FM Custodians Ltd [2018] NZCA 183, [2018] NZAR 1055.

Recommendations
Publications

Insights & Opinion / Richard Belcher

“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
When is someone ‘at work’ under the Health and Safety at Work Act?
The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.
18.02.2021 Posted in Business Advice & Health & Safety Law
The High Court clarifies the liability of ‘officers’ under the Health and Safety at Work Act 2015
The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.
17.02.2021 Posted in Business Advice & Health & Safety Law
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