Kim Murray
Kim MurrayBarrister
  • Maritime and Aviation Law

  • Public Law

  • Administrative Law

  • Constitutional Law

  • Appellate Advocacy

  • Biosecurity

  • Medico-Legal

KIM MURRAY

Kim Murray has been a member of Lambton Chambers for over 20 years. His practice over that period has included accident compensation, appellate advocacy, biosecurity, censorship, health and medico-legal, judicial review, public inquiries and maritime and aviation law.

Kim’s practice has an emphasis on public law (administrative law, constitutional law and international law) including liability and legal risk management advice for Government clients. He routinely acts for State-owned enterprises, Crown entities and statutory office holders. He has extensive public law litigation experience.

Kim has particular expertise in air and space law. He has acted as counsel in many inquiries and aviation cases at both trial court and appellate level. As well as acting for New Zealand Government clients, he has acted both for and against aviation underwriters’ interests. He also undertakes overseas consultancy assignments. In particular, he has been team leader on projects funded by the International Civil Aviation Organisation (ICAO), the Asian Development Bank (ADB) and the World Bank. 

Kim has taken a lead role in organising three international aviation law conferences in New Zealand and is a regular speaker at aviation law conferences in New Zealand and overseas. His presentations and publications have covered a wide range of aviation and public law topics. 

Kim has also recently completed a two-year assignment as an adjunct teaching fellow in air and space law in the LLB and LLB Hons degree courses at the Auckland Law School.

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Presentations and Publications

  • Brookers Aviation Law – Commentary on international space law and the Outer Space and High-altitude Activities Act 2017 (forthcoming)

  • Government Responsibility for Aviation Safety Oversight in Small Pacific Island States – the PASO Experiment – the David Boughen Memorial Address to the 2016 Annual Conference of the Aviation Law Association of Australia and New Zealand, Canberra 2016.

  • Harmonising Pacific Aviation LawPacific Skies, Issue No 6, October 2014.

  • Institutional Strengthening for Pacific Aviation Regulation– Technical Assistance project report for the Asian Development Bank, (K.I. Murray, Team Leader, I.A. Brown, M.E. Murray, M.B. Stevens), January 2014

  • The Confidentiality of Air Traffic Control Recordings? The Ron Chippindale address to the Australia and New Zealand Society of Air Safety Investigators’ Conference Wellington 10-12 June 2011 (published in ALAANZ Aviation Briefs Vol 57: Winter 2011).

  • Rule-Making and the Implementation of International Law Standards, paper presented to the Lexis Nexis Conference on Legal Issues for Crown Entities, Wellington 23rd September 2009.

  • Recent New Zealand Airport Litigation  ALAANZ Briefs Vol 45 October 2008.

  • Collaborative Safety Oversight in the Pacific Region – Presentation to the 27th ALAANZ Conference, Sydney, 7-9 May 2008.

  • Legal and Technical Review Report for the Pacific Aviation Safety Office (PASO) August 2007. Report by the consultants (K.I. Murray, Team Leader, R.I.C. Bartsch, M. M. Foon) August 2007.

  • State Sovereignty and Cross-border ANS Arrangements Presentation to the CANSO CEO’s Conference, Maastricht, The Netherlands, 12 February 2007.

  • Christchurch Coroner’s Report on Piper Chieftain Crash on 6 June 2003, ALAANZ Aviation Briefs Volume 32: May/June 2006.

  • Air Accident Investigation: The Role and Approach of Coroners in New Zealand Proceedings of the 24th Annual ALAANZ Conference, Melbourne 16-18 March 2005.

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Recent and Notable Cases

Kim has acted for the owner of a Cessna Citation corporate jet in a contractual dispute with the company engaged to manage the aircraft’s operations. The High Court recently held that the company was in breach of contract but that the owner did not give a valid seven day notice to remedy the breach. The case settled shortly after the High Court judgment.

In another aviation case in the High Court, Kim has been acting as counsel for the family of a passenger who died on MH17 which was destroyed by a missile in Ukranian airspace on 17 July 2014. The claim was brought in New Zealand in reliance on the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air and resulted in a confidential settlement.

More recently Kim has been acting for the Civil Aviation Authority and the Director of Civil Aviation opposing a judicial review challenge to the implementation of the ‘New Southern Sky’ project. This project is the New Zealand’s Government’s response to the Global Air Navigation Plan promulgated by the International Civil Aviation Organisation to fully implement global navigation satellite system technology for civil aviation use.

Kim’s most recent maritime law work has related to the application of the fit and proper person test to the holders of professional seafarer certificates and also the application of New Zealand maritime legislation to autonomous vessels in New Zealand waters.

In the field of constitutional and administrative law Kim has continued to act for a national financial dispute resolution scheme which seeks to use the ombudsman name as part of its name. This requires the consent of the Chief Ombudsman as an exercise of statutory discretion under section 28A of the Ombudsman Act 1975. In 2018 the Court of Appeal held the Chief Ombudsman’s refusal of consent was unlawful and ordered a reconsideration. After a 15-month reconsideration procedure the Chief Ombudsman again refused consent. In a second judicial review procedure the second refusal has also been held to be unlawful on the ground of predetermination. Contrary to the applicant’s case the High Court referred the decision back to the Chief Ombudsman again for further reconsideration. However the applicant has now obtained a stay of the High Court referral back order and appealed to the Court of Appeal for a substantive remedy establishing its right to use the ombudsman name. The Court of Appeal has allocated a fixture to hear the appeal in early 2002.

In another case in this area of law Kim, along with Andrew Peden of Lambton Chambers as junior counsel, have been acting as counsel assisting the High Court in a judicial review of a Coroner’s Court report. This is on the basis that the Coroner concerned is abiding the judgment of the High Court in accordance with usual judicial practice but the High Court requires counsel to present an opposing argument to the applicant’s case. The case has been argued and judgment is currently reserved.

Contact Kim Murray

Debra Angus
Andrew Beck
Pam Davidson
Toby Gee
Felix Geiringer
John Goddard
Barbara Hunt
Tanya Kennedy
James Mahuta-Coyle
Paul Michalik
David Milliken
John Morrison
Kim Murray
Ben Nettleton
Gaeline Phipps
Terry Sissons
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