Simon Shamy

Simon has represented clients as lead counsel in major cases before all the New Zealand Courts over three decades. This has included a large number of appearances before the Court of Appeal and Supreme Court. Simon’s experience and expertise was recognised when the Supreme Court appointed him as Counsel to Assist the Supreme Court in Solicitor-General’s Reference (No 1 of 2024) from CA441/2023. 

Simon initially practised as a general practitioner gaining extensive experience in residential and commercial property transactions and business sales and purchases, in addition to litigation. After being a partner in two law firms, Simon became a barrister in 2006, specialising in criminal law, commercial litigation and relationship property cases. This extensive and broad-based background has played a large part in his litigation successes. It adds a layer of depth to his ability to assist in the resolution of disputes arising in the context of commercial and residential transactions and relationship property disputes.

Simon’s approach to litigation is focussed on effective solutions which advance and protect the interests of his clients. He is committed to clear communication with his clients at every stage of their case.

Experience

Criminal Litigation

Simon has successfully defended the accused in a large number of serious trials, including those involving charges of murder, serious violence, sexual, fraud and drug related offending.

He also represents those who plead guilty to offending and ensures that they receive an appropriate sentence. Simon represented the defendant who received one of the lowest sentences for murder in this country, 4 years imprisonment – R v Knox (HC Blenheim CRI 2016-006-000512).

He also appears for those prosecuted by the Inland Revenue Department, the Ministry of Social Development and the Ministry of Economic Development.

In addition, Simon appears regularly before the Appellate Courts in the criminal jurisdiction. Examples of his appearances at Supreme Court level are R v Stewart [2009] NZSC 53 and R v Hart [2010] NZSC 91.

Commercial Litigation

Simon continues to represent both plaintiffs and defendants in commercial, insolvency and civil litigation. This has involved matters ranging from breach of contract, equity, tort and public law.  Examples of his experience in commercial/civil litigation are:

Ruscoe & Moore (as liquidators of Cryptopia Ltd (in liquidation) v Cattermole, CIV-2019-409-000544. This was a novel factual situation involving high level computer analysis and cloning/Bitcoin evidence and the liquidation of a cryptocurrency company. Specifically in relation to an allegation of contempt of court.

Freeman v Associate Minister of Justice (HC Christchurch, CIV-2019-485-284) – successful review of decision of Associate Minister as to removal of the Warrant to Act of a Justice of the Peace.

Family and Relationship Property Law

Simon has undertaken a wide range of work in the area of family law generally and specifically in negotiation and litigation of significant relationship property matters. This has been at all Court levels, including the Supreme Court, for example a leading relationship property case, B v B [2012] NZSC 71. These cases often involve resolution of issues involving family trusts, prenuptial agreements and family companies.

Other Legal Experience

Simon appeared in the Royal Commission of Inquiry into Building Failures Caused by the Canterbury Earthquakes as counsel for affected parties.

He assists the New Zealand Law Society, New Zealand Bar Association  and Te Matakahi – Defence Lawyers Association in drafting submissions on their behalf to Parliamentary Select Committees and the Law Commission in relation to proposed changes to the Law. He co drafted submissions for both bodies in relation the recent Sexual Violence Bill.

Simon has represented the New Zealand Law Society at meetings of the Criminal Practise Committee which involve the Heads of the High Court and District Court Benches for discussions on criminal law issues.

Nationally, Simon is a frequent member of the teaching faculty of the New Zealand Law Society litigation skills course which teaches less experienced lawyers Court skills.

Locally, Simon has tutored law at the University of Canterbury and served on the litigation committee and costs revision committee of the (then) Canterbury District Law Society. He continues to assist the Canterbury Westland Branch of the New Zealand Law Society as a costs advisor and Editor of the Local New Zealand Law Society publication.

Internationally, Simon is a member of the Association of Commonwealth Criminal Lawyers, which is based in the United Kingdom.