Emma Peart

Senior Associate - Litigation and Dispute Resolution

Tēnā koutou katoa
Ko Kāpuka-taumāhaka te Maunga
Ko Ōwheo te Awa
Nō Ōtepoti ahau
Ko Emma Peart tōku ingoa
Tēnā koutou tēnā koutou tēnā koutou katoa

Emma is a commercial litigation and arbitration lawyer with over 10 years’ experience advising and representing clients in complex, large-scale, and international disputes.

She advises both public and private sector clients.  Her clients include companies, financial institutions, the Earthquake Commission (EQC), Fire and Emergency New Zealand, and Auckland Council.   Emma has advised on disputes relating to a wide variety of industries and has specific expertise in the natural resources and financial services sectors.

Emma helps clients resolve a broad range of commercial disputes.  She advises on practical implications of key legislation such as the Contract and Commercial Law Act, Commerce Act, Credit Contracts and Consumer Finance Act (CCCFA), and Fair Trading Act.  She also assists clients with regulatory issues and investigations.  She is experienced in representing clients in court proceedings and alternative dispute resolution (ADR).

Skilled at identifying risks and developing strategies, Emma regularly works alongside clients to undertake governance, conduct and culture, and health and safety reviews.  In 2018, she was seconded to a major bank to assist with the Reserve Bank and Financial Market Authority’s (FMA) Conduct and Culture Inquiry, gaining valuable insight into the financial services industry and its commercial drivers.

Emma builds strong and meaningful relationships with clients so that she is better able to anticipate and deliver on their commercial needs and drivers.  She enjoys working with clients to minimise risks, identify opportunities, and resolve disputes.  She is a technically excellent lawyer who delivers sound, pragmatic advice.

Prior to joining MinterEllisonRuddWatts, Emma worked for international law firm Jones Day, in London, where she gained significant experience in international and cross-border proceedings and was involved in cases across a wide range of jurisdictions.  She began her career as a Judges’ Clerk in the High Court, working for His Honour Justice Miller, and has also worked for another major New Zealand law firm.  A recipient of the Law Foundation Ethel Benjamin Scholarship, Emma went on to complete an LLM at the University of Cambridge in 2014.

Passionate about leading change, Emma is a member of the MinterEllisonRuddWatts’ Innovation Forum, which champions the firm’s programme to improve and innovate in how law firms operate and work with their clients.

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Professional background

Recent work

Ongoing advice on CCCFA matters

Advising a large financial institution on a range of Credit Contract and Consumer Finance Act (CCFA) matters, including its compliance with the 1 December 2021 changes to the Act and Regulations.

High Court rectification claim

Acting for a significant New Zealand mining company in defending a rectification claim brought in the High Court regarding a contract for the hire of mobile mining equipment.

International commercial arbitration

Representing the plaintiffs in a multi-jurisdictional arbitration in the International Chamber of Commerce International Court of Arbitration in London.

Defective building claims

Acting for bodies corporate and territorial authorities in a range of large-scale, multi-party, defective building proceedings in the High Court.

Ongoing advice to the Earthquake Commission (EQC)

Assisting EQC with the management of ongoing claims and litigation arising from the Canterbury 2010/2011 earthquakes.

Governance, conduct and culture, and health and safety reviews

Undertaking a number of governance, conduct and culture, and health and safety reviews and assessments for a range of private and public sector clients to identify potential issues and opportunities for development.

Response to FMA/RBNZ Bank and Life Insurer Conduct and Culture Reviews

Advising a major bank on its response to the Financial Markets Authority / Reserve Bank of New Zealand Bank and Life Insurer Conduct and Culture Reviews, including undertaking an assessment of governance, culture, and accountability.

Admitted

  • 2010, New Zealand

Qualifications

  • LLM (First), University of Cambridge
  • LLB (Hons I), BA, University of Otago

Specialisations

  • Arbitration
  • Banking and Insurance
  • Commercial Claims
  • Contractual Disputes
  • Energy and Natural Resources
  • International and Cross-border Proceedings

Awards

  • Member of MinterEllisonRuddWatts’ internationally recognised Tier 1 Litigation and Dispute Resolution team, The Legal 500 Asia Pacific