Matthew Smith KC – Alten Chambers
 

Matthew Smith KC

matthew.smith@chambers.co.nz
+64211519452

 

Matthew does work across most sectors of our economy, acting for individuals, for entities of many kinds (including companies, trusts, unions and incorporated societies), for the Crown and public bodies (including Ministries, Crown entities and independent regulators), and for industry representative groups. His practice extends to a broad range of areas of law, with a particular emphasis on public law, regulatory law and Māori/Treaty law.

Matthew has extensive appellate experience, and he is regularly engaged as lead counsel in cases raising novel and difficult issues of public and constitutional law. Matthew also appears in proceedings in specialist courts and tribunals, and in arbitrations. In addition to his litigation work, Matthew provides practical and understandable legal and strategic advice that is tailored to helping his clients to get results in a range of challenging settings, including regulatory investigations, public inquiries, and public consultation processes.

Matthew holds LLB (First Class Hons.) and BA (Political Studies) degrees from the University of Otago and an LLM from Harvard Law School, which he attended as a Frank Knox Fellow. He is the sole author of the New Zealand Judicial Review Handbook (2 ed., 2016), and was appointed as King’s Counsel in 2025 at the age of just 43.

  • Matthew frequently appears as lead counsel before the High Court, Court of Appeal and Supreme Court. Recent examples of Matthew’s litigation work include:  

    Public Law

    • Van Leeuwen v Attorney-General [2026] NZCA 120 (15.4.2026): limitations on party autonomy in the appointment of arbitrators (junior counsel for the van Leeuwens)

    • Otago Rock Lobster Industry Association Incorporated v Minister of Conservation [2025] NZHC 3951 (12.12.2025): legality of proposed marine reserves based on their impact on commercial crayfish quota in the affected area (lead counsel for ORLIA)

    • Grinder v Attorney-General [2025] NZSC 165, [2025] 1 NZLR 1062 (18.11.2025): test for applications to amend parole special conditions (lead counsel for Parole Board)

    • Estate of Eric John Tupai Ruru v Attorney-General [2025] NZCA 597 (13.11.2025): test for resumption of Crown forest land and associated Crown compensation payment obligations (junior counsel for Māhaki and the Mangatu Incorporation)

    • New Zealand Educational Institute Te Riu Roa Incorporated v Minister of Education [2025] NZHC 2964 (8.10.2025): limits on disestablishing roles (lead counsel for NZEI)

    • Health and Disability Commissioner v S (CA231/2023) [2025] NZCA 190, [2025] NZAR 603 (26.5.2025): legality of preliminary assessment (lead counsel for HDC)

    • Whittome v The Minister of Health [2025] NZHC 939 (16.4.2025): determination of preliminary issues in advance of substantive hearing (lead counsel for Ombudsman)

    • Skerret-White v Minister for Children [2024] NZCA 160, [2024] 2 NZLR 493 (13.5.2024): power to subpoena Ministers to give evidence (lead counsel for claimants)

    • Ratima v New Zealand Parole Board [2024] NZHC 613 (20.3.2026): legality of Parole Board decision declining to release offender on parole (lead counsel for Parole Board)

    Regulatory Law

    • One Foundation Ltd v Minister of Internal Affairs [2025] NZCA 500 (29.9.2025): legality of regulatory reforms effected through regulations (lead counsel for claimants)

    • Tasman Democracy Incorporated v Local Government Commission [2025] NZHC 2805 (25.9.2025): representation arrangements for elections (lead counsel for LGC)

    • Glenpanel Development Ltd v Expert Consenting Panel [2025] NZCA 154 (8.5.2025): legality of fast-track consenting decisions (counsel assisting, by appointment of CA)

    • Dragon Community Trust Ltd v Secretary for Internal Affairs [2025] NZHC 507 (13.3.2025): legality of regulatory licensing decision (lead counsel for claimant)

    • Gaming Machine Association of NZ Inc v Feed Families Not Pokies Aotearoa Inc [2025] NZCA 16 (19.2.2025): legality of licensing practice (lead counsel for GMANZ)

    • Feed Families Not Pokies Aotearoa Inc v Secretary for Internal Affairs [2024] NZHC 3719 (9.12.2024): interpretation of regulatory requirements (lead counsel for GMANZ)

    Māori/Treaty Law

    • Mercury NZ Ltd v Māori Land Court [2026] NZCA 91 (26.3.2026): Māori Land Court jurisdiction to adjudicate native title in land and waters (lead counsel for claimants)

    • Smiler v Attorney-General [2026] NZHC 375 (27.2.2026): enforceability of Crown litigation assurances in respect to Māori water rights (lead counsel for claimants)

    • Carter (a.t.o. Whatitiri Māori Reserves Trust) v Attorney-General [2025] NZCA 677, [2026] NZRMA 76 (18.12.2025): Māori Land Court jurisdiction to adjudicate claims to rights in freshwater associated with Māori freehold titles (lead counsel for claimants)

    • Stafford v Attorney-General [2025] NZHC 2455 (27.8.2025); and [2024] NZHC 3110 (30.10.2024): Crown breach of fiduciary duties claim (junior counsel for claimants)

    • Whakatōhea Kotahitanga Waka (Edwards) v Ngāti Ira O Waioweka, Ngāti Patumoana, Ngāti Ruatākenga and Ngāi Tamahaua [2025] NZSC 104, [2025] 1 NZLR 739 (15.8.2025); and [2024] NZSC 164, [2024] 1 NZLR 857 (2.12.2024): statutory customary marine title rights in the Bay of Plenty (lead counsel for Ngāti Patumoana)

    • Nikora (o.b.o. Te Kaunihera Kaumātua O Tūhoe) v Tāmati Kruger (o.b.o. Tūhoe — Te Uru Taumatua Trust) [2024] NZSC 130, [2024] 1 NZLR 608 (3.10.2024): Māori Land Court jurisdiction over claims relating to PSGE trusts (lead counsel for appellants)

    A full list of the cases that Matthew has acted as counsel in, incorporating cases before 2024, is available upon request. 

    • Member, New Zealand Bar Association 

    • Member, New Zealand Law Society 

    • Member, Legislation Design and Advisory Committee

    • Member, Law and Economics Association of New Zealand

  • Law Reports

    • Matthew is the general editor of the New Zealand Administrative Reports (NZAR) published by LexisNexis.

    Books 

    • New Zealand Judicial Review Handbook (2 ed., 2016)

    • “The Right to a Fair Trial” (jointly with Kris Gledhill), in International Human Rights Law in Aotearoa New Zealand (2017)

    • “Barristers Sole”, in Professional Responsibility in New Zealand (2 ed., 2025)

    Seminars

    • Matthew regularly presents seminars with a particular focus on the law of judicial review, statutory interpretation and public law remedies.  The hosts of these seminars include Legalwise, the New Zealand Law Society and legal employers (in-house seminars).

    • LLM (Harvard)

    • LLB (1st Class Hons.) (Otago)

    • BA - Politics (Otago)

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