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Curriculum Vitae

PHILLIP DAVID GREEN

Mediator, Chartered Arbitrator and Barrister

CURRICULUM VITAE

 

1. Academic and Professional
  • 1976 LLB conferred: Victoria University of Wellington
     
  • 1976 Admitted as barrister and solicitor at Wellington.
     
  • 1983 Commenced as a barrister with Chambers in Wellington
     
  • 1984 Arbitration Fellow by Examination: Chartered Institute of Arbitrators, London
     
  • 1987 Graduate: National Institute of Trial Advocacy Teaching Training Course for Trial Advocacy Skills, Harvard University, Cambridge, USA
     
  • 1987 Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand
     
  • 1993 Stage 3 Paper: Massey University: Advanced Alternative Dispute Resolution: First class Pass
     
  • 1996 Advanced Mediation Practicum: Massey University: First class Pass 
       
  • 2010-2012 Adjunct Professor in the School of Management (Dispute Resolution Centre) Massey University
     
  • 2010 Special Topic – Conflict Revolution Innovations in Dispute Resolution: Massey University: First Class Pass
  • 2012 Appointed Director of the Dispute Resolution Centre, School of Management, Massey University
  • 2012 Director of Professional Studies of the Arbitrators' and Mediators' Institute of New Zealand
  • 2013 Appointed as international mediator and conciliatior for UNESCO
 
2. Reported Cases

Cases in which I have been counsel have been reported in the New Zealand Law Reports, Insurance Law Reports, Administrative Law Reports, Resource Management Appeals Reports and Employment Law Reports.

Some of these cases include:

R v McNeish [1982] 1 NZLR 247

Fletcher Timber Ltd v Attorney-General [1984] 1 NZLR 290 (Public law)

State Insurance General Manager v McHale [1992] 2 NZLR 399 (Insurance)
 
South Pacific Manufacturing Co Ltd v NZ Security Consultants & Investigations [1992] 2 NZLR 282 (CA) (Establishing a duty of care)
 
NZ Rail Ltd v National Union of Railway Workers of NZ Inc (No 1) [1992] 3 ERNZ 964 (Anton Piller application)
 
Cook v NZ Rail Ltd [1993] 2 ERNZ 1100 (Injunction: principles to be applied when breach anticipated)
 
NZ Rail Ltd v National Union of Railway Workers of NZ Inc (No 2) [1992] 3 ERNZ 966 (Essential service – grant of interim injunction)
 
NZ Medical Laboratory Workers Union Inc v Capital Coast Health Ltd [1994] 2 ERNZ 93 (Bypassing authorised agent)
 
NZ Rail Ltd v Employment Court [1995] 3 NZLR 179 (CA) (Rights of judicial review)

Capital Coast Health Ltd v NZ Medical Laboratory Workers Union Inc [1996] 1 NZLR 7(CA) (Bypassing authorised agent – contempt of Court)
 
Tau v Durie [1996] 2 NZLR 190 (Public interest immunity)
 
The Taranaki Report: Kaupapa Tuatahi: Waitangi Tribunal Report into the claim of Nga Iwi o Taranaki: 1996
 
NZ Medical Laboratory Workers Union Inc v Capital Coast Health Ltd [1997] 1 ERNZ 1 (Parties to a contract – meaning of ‘negotiation’)
 
Kelly v Tranz Rail Ltd [1997] 1 ERNZ 476 (Discrimination against striking employees and a class action right to strike)
 
Wilson & Horton Ltd v Attorney-General & NZI & Others [1997] 2 NZLR 513 (CA) (Reasonable foreseeability – materiality)

Te Heu Heu v Attorney-General [1999] 1 NZLR 98 (Public Law)
 
Tranz Rail Ltd v Rail & Maritime Transport Union (Inc) [1999] 1 ERNZ 460 (CA) (Fringe benefit and legitimate expectations)
 
Tuwharetoa Maori Trust Board v Taupo District Council [1999] NZAR 267 (Council bias)
 
Tutty v Blackmore Ltd [1999] 1 ERNZ 587 (Full Court) – (Employment contract agreements to resolve disputes through mediation and/or arbitration)
 
Beal v Jardine Risk Consultants Ltd [1999] 2 ERNZ 254 (Forum non conveniens)
 
Jardine Risk Consultants Ltd v Beal [2000] 1 ERNZ 405 (CA) (Conflict of laws)
 
Price Waterhouse v Kwan [2000] 3 NZLR 39 (CA) (Duty of care and auditors)
 
Kennedy v Taupo District Council [2001] NZRMA 467 (HC) (Judicial review)

Te Whanganui a Tara Me Ona Takiwa: Report on the Wellington District: Waitangi Tribunal Report 2003 (Report on the claims of various Maori iwi in respect of the district surrounding Wellington Harbour (Te Whanganui a Tara) and extending to Heretaunga (the Hutt Valley) and the southwest coast – the district referred to in the 1840s as the Port Nicholson block)

 

3. Alternative Dispute Resolution: Mediation and Arbitration

I have held a strong interest in Alternative Dispute Resolution (ADR) practice and processes for some 30 years. I am regularly appointed as mediator, arbitrator and adjudicator. My interests include the theory and practice of negotiation, mediation and arbitration both nationally and internationally. I write, teach and examine on ADR and am called upon variously to assist in negotiating or to mediate or arbitrate a large range of disputes. I have had over 30 years experience as an arbitrator. My work in ADR has been recognised by the Arbitrators’ and Mediators’ Institute of New Zealand (Institute) who in 2002 honoured me with its highest award. I am the first and presently the only recipient to be so honoured and recently stepped down from the role of Director of Professional Studies. On 1 May 2010 I was appointed as Adjunct Professor at Massey University (Department of Management, Dispute Resolution Centre). This is the first Adjunct Professorial appointment at the University’s Dispute Resolution Centre.

In 2012 I was appointed as Director of the Massey University Dispute Resolution Centre.  In 2015 I relinquished all Massey University positions but remain as a Practicum Faculty Member.  In 2013 I was appointed to the UNESCO panel of Mediators and Conciliators for disputes over the expatriation of cultural objects.  

I am regularly called upon to give papers on current ADR issues.
 
In 2013 I was appointed to the Bond University (Queensland Australia) Dispute Resolution Advisory Board.

A summary of my Dispute Resolution qualifications and Institute involvement now follows:

  • 1981 Associate of Chartered Institute of Arbitrators, London;
     
  • 1984 - 2011 Fellow of the Chartered Institute of Arbitrators, London, by examination;
     
  • 1984 Chairman of the Chartered Institute of Arbitrators, New Zealand Branch;
 
  • 1985 - 2015 Institute Branch director of Professional Studies (and subsequently for the Arbitrators' & Mediators' Institute of New Zealand
  • 1987 Founding President of the Arbitrators’ & Mediators’ Institute of New Zealand
     
  • 1987 - 2015 Fellow of The Arbitrators’ and Mediators’ Institute of New Zealand
     
  • 1988 - 2013 Member of the Worshipful Company of Arbitrators in London;
     
  • 1989 Placed on the London Panel of International Arbitrators for banking and finance, trade, industry and insurance;
     
  • 1994 - 1995, 1997 - 2003 and 2005-2015 Massey Arbitration/Mediation Practicum Faculty Member;
     
  • 1998 Honorary Life Member of the Arbitrators’ & Mediators’ Institute of New Zealand;
     
  • 1999 - 2015 Fellow of the Chartered Arbitrator: London;
     
  • 2002 Completed LEADR Mediation Programme;
     
  • 2002 Education Special Prize awarded for distinguished contribution to the Arbitrators’ and Mediators’ Institute of New Zealand’s education programme;
     
  • 2003 Completed LEADR/Bond University Masters’ Mediation Class.


I am a Fellow and Panel member of the Arbitrators & Mediators Institute of New Zealand, being one of the few to be on both the arbitration and mediation panels.

I am co-author of Mauet's Fundamentals of Trial Techniques New Zealand Edition, Oxford University Press 1989.

I am co-author of the text Brooker’s Arbitration Law and Practice, originally published in 1993 and relaunched in 2006 as Green & Hunt on Arbitration Law & Practice. This is the leading text on arbitration law and practice in New Zealand, and is available online.  Since 2011 I have had an editorial function.
 
I authored the New Zealand section for the text Arbitration Procedures in Asia Sweet & Maxwell (1999).

I am author of Employment Dispute Resolution published by LexisNexis in May 2002. The foreword has been written by the then Chief Judge Goddard. The text has been used in the Massey University Employment Law Masters’ Programme and is to be revised.
 
I am co-author of the leading New Zealand text on mediation,  Mediation: Principles, Process, Practice, along with Professor Laurence Boulle AM and Virginia Goldblatt. This text was published by LexisNexis in December 2008 , and republished in 2009.  It is currently being revised with the same authorship.

I am co-author of the leading skills based text on mediation Mediation: Skills, Practice, Process along with Professor Lowe and Boulle AM.  This text was published by LexisNexis in February 2015.

 

4. Mediation

I have acted as mediator in a large range of disputes throughout New Zealand. 
 
I was a Panel Member of the New Zealand Post Internal Mediation Service during a period of restructuring.
 
I am asked to advise on and participate in training programmes.

 

5. Training 

I lecture and train those wanting to increase their negotiating or mediating skill base and do so throughout New Zealand, in Australia and in the United States.  My current teaching modules include: 

 

6. Tangata Whenua Treaty of Waitangi

I have had over 30 years experience in addressing a broad range of Tangata Whenua issues.  I am sensitive to cultural differences, not just Maori/Pakeha differences but also differences that arise between iwi and between hapu. I am happy to work on a Marae or other venue as my clients prefer.

 

7. Arbitrations

I am regularly appointed as arbitrator and briefed as counsel in arbitrations and have a significant arbitration practise. Those arbitrations include a diverse range of topics. They include commercial disputes, rental valuation disputes, arbitration under the Maori Reserved Land Act, farming, forestry, house construction, dam, road and pipeline construction, engineering, relationship property, employment including restructurings, and iwi / Crown conflict under the Treaty of Waitangi.

 

8. Previous Directorships
  • New Zealand Rail Interisland Line Advisory Board – Director;
  • New Zealand Earthquake Commission – Deputy Chair;
  • Lake Taupo Development Company (owned by the Taupo District Council)  – Director.

 

9. Current Trustee Appointments
  • Chair of the Joe and Eve Major Trust (tertiary education grants) 1996 - 2015;
  • Trustee of the Richard Fuchs Archive Trust 2009 - 2015.
 
10. Previous Voluntary Board Appointments
  • Open Home Foundation -I & P Chair of Board 
  • Hutt Valley High School Board of Governors  Chair
  • Hutt Valley High School Board of Trustees - IA Chair 
  • Rudolf Steiner School - Board of Trustees - IA Chair
  • Holocaust Centre of New Zealand - Co-Chair
 
PHILLIP D GREEN

March 2015