Daniel Fielding

Senior Associate - Litigation and Dispute Resolution

Ko Te Toiokawharu te maunga
Ko Muriwai te awa
E noho ana au ki Te Whanga-nui-a-Tara
Ko Fielding tōku whānau
Ko Daniel tōku ingoa

Daniel is a commercial and public law expert who specialises in public law, human rights and modern slavery, employment and immigration, international arbitration (both commercial and investment treaty), and trade disputes.

Daniel provides risk management, litigation and dispute resolution advice to governments, state-owned enterprises, multi-national corporations, financial institutions, large exporters, construction firms, and energy and resources operators. He acts for clients in international commercial arbitrations, litigation, internal reviews, regulatory investigations, and disputes. His risk management work covers international trade risk, judicial review and regulatory reform, anti-bribery and corruption, modern slavery and supply chain risks, employment, immigration strategies, and health and safety.

He has a strong understanding of the government sector. He provides advice to government departments and crown entities on issues ranging from governance, conflicts of interest, risk mitigation, requests for official information, consultation requirements, and legislative compliance.  Daniel has been seconded to government departments and agencies to provide legal advice and has advised statutory and semi-statutory bodies on the exercise of their powers and functions under their relevant legislation.  He has extensive experience in assisting with the drafting of legislation and Cabinet papers.

Daniel also provides advice to businesses and industry associations across a wide range of public law areas including law reform processes, lobbying strategy and advice, regulation of business, statutory interpretation and submissions to government.  He has appeared for and responded to questions of select committees and prepared briefing papers to responsible Ministers on client issues.  Daniel combines sound political judgment with technically excellent legal advice to achieve the best, most practical outcomes for his clients.

Prior to joining MinterEllisonRuddWatts, he worked in a number of public affairs and corporate communication roles providing crisis management advice and engaging with the media, including some time working in the office of a former New Zealand Prime Minister. This has allowed Daniel to develop a unique set of skills that traverses legal, policy, and political advice.

Daniel also brings international experience having worked at King & Wood Mallesons, a top-tier international firm in Sydney, where he advised on all aspects of international arbitration, anti-bribery and corruption, climate change litigation risk, and modern slavery and supply chain risks. Daniel is admitted in both New Zealand and Australia.

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Professional background

Recent work

Public Law

Advising the Department of Internal Affairs on implementing the Three Waters Reform Programme, including a secondment to the National Transition Unit as acting lead legal adviser.

Investment Treaty, Trade and Public International Law

Advising the United Kingdom Department for International Trade on the UK-NZ free trade agreement negotiations and the UK’s negotiations to accede into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).  Advising a range of multi-national corporations on New Zealand tariff classifications and regulatory compliance issues.

Advising on the entry into a Public Private Partnership (PPP) with a foreign state for the promotion and development of a domestic commercial cereal grain industry. Commencing enforcement proceedings of a US$6 billion International Centre for Settlement of Investment Disputes (ICSID) award before the Federal Court of Australia against the Islamic Republic of Pakistan.  Undertaking previous secondments to the legal team at New Zealand Trade and Enterprise. Advising on international law obligations arising from commercial arrangements with a Moroccan state-owned enterprise for the importation of phosphate rock sourced from the disputed Western Sahara.

Anti-Bribery and Corruption, Modern Slavery and Supply Chain Risk, and Human Rights

Providing modern slavery and supply chain risk advice to clients with operations in Australia and New Zealand, including updating contractual clauses, responding to due diligence requests, drafting policies and modern slavery statements, and assisting with modern slavery risk assessments. Advising the financiers of a large-scale infrastructure project following the listing of a supplier onto a trade sanctions list by the Bureau of Industry and Security of the US Department of Commerce in connection with allegations of human rights violations and forced labour in China.

Most recently Daniel has been assisting clients navigate sanctions and human rights obligations.

Employment, immigration, and health and safety

Providing ongoing general employment advice to a range of clients, including drafting employment agreements and HR policies, restructuring and redundancies, and disciplinary investigations. Advising on workplace accidents (including WorkSafe New Zealand and Transport Accident Investigation Commission investigations and prosecutions), health and safety policies (including bullying and harassment, and drug and alcohol policies), conducting disciplinary investigations in the event of health and safety breaches, and compliance with health and safety obligations and audit checks.

International Commercial Arbitration

Commencing Singapore International Arbitration Centre (SIAC) arbitrations for disputes arising out of a coal mine in Indonesia; defending a state-owned enterprise in a SIAC arbitration for a dispute arising out of an independent power project in the United Arab Emirates; and commencing enforcement proceeding of a SIAC award before the Federal Court of Australia for a dispute involving a mine in Vietnam (and advising on the setting aside application of the same award before the High Court of Singapore).

Admitted

  • 2018, Australia
  • 2011, New Zealand

Qualifications

  • LLM (International Arbitration and Dispute Resolution), National University of Singapore
  • LLB, Victoria University of Wellington
  • BA (History and International Relations), University of Auckland

Affiliations

  • Accredited Arbitral Tribunal Secretary, Hong Kong International Arbitration Centre
  • Member, Wellington Club
  • Asia New Zealand Foundation, Leadership Network Member
  • Alternate Board Member, New Zealand International Business Forum

Specialisations

  • Arbitration
  • Employment
  • Government
  • Health and Safety
  • Immigration
  • International Trade
  • Litigation and Dispute Resolution
  • Public Law and Regulatory

Awards

  • Member of Litigation and Dispute Resolution team, ranked Tier 1 by The Legal 500 Asia Pacific
  • Member of Public Law team, ranked Band 1 by Chambers Asia-Pacific