Findlay Biggs

+64 27 309 8508
findlay@findlaybiggs.co.nz

Findlay is an experienced litigator and advisor in civil, professional and criminal appellate matters. 

Findlay’s practice covers all aspects of professional investigation, liability and discipline.  He has prosecuted and defended disciplinary charges in a number of specialist Tribunals.  He has extensive experience in professional conduct and competence investigations, advising both committees and persons under investigation.  He has also advised regulators on their statutory processes.

Findlay also acts in cases where professional issues intersect with the criminal and public law, including appeals, judicial review and coronial matters.  He has advised on many cases where criminal charges have led to professional discipline.

More broadly, Findlay is available to advise and represent clients on general civil disputes, public and administrative law, regulatory matters and criminal appeals.

Before joining the independent bar he spent 11 years in leading litigation teams and the Crown Law Office.

Terms of Engagement

Areas of expertise

  • Examples of Findlay’s recent experience in professional disciplinary matters include:

    • Junior counsel for Professional Conduct Committee prosecuting a doctor for indecent assault on a patient – eight-day trial and related two-day High Court appeal raising Bill of Rights Act issues (PCC v X Med23/601P and A v PCC [2025] NZHC 4160).

    • Counsel for Professional Conduct Committee in High Court appeal and recall application for Tribunal liability decision with complex procedural issues (X v PCC [2024] NZHC 3356). 

    • Junior counsel for Professional Conduct Committee prosecuting a doctor for disseminating medical misinformation – five-day formal proof hearing with expert evidence (PCC v Bailey 1382/Med22/574P).

    • Counsel for Standards Committee prosecuting lawyer for acting without approval to practise on his own account and in circumstances giving rise to a conflict of interest (Wellington Standards Committee 1 v Shazad [2025] NZLCDT 46).

    • Counsel for Complaints Assessment Committee prosecuting veterinarian in relation to criminal conviction matters (CAC v Molloy Jud25/39).

    • Counsel for Complaints Assessment Committees prosecuting historical sexual offending against students.

    • Counsel for Complaints Assessment Committee prosecuting teachers for inappropriate relationships with students (including a three day defended hearing  for CAC v X NZTDT 2024-09).

    • Counsel for Complaints Assessment Committee prosecuting teacher for physical assault on two pre-school learners – two day defended hearing (CAC v X NZTDT 2024-16).

    • Counsel for Complaints Assessment Committee prosecuting teacher impaired by alcohol at work at early childhood centre – two-day formal proof hearing (CAC v Iddon NZTDT 2024-19). 

    • Counsel for Professional Conduct Committees prosecuting health practitioners for dishonesty and fraud offending (including PCC v X 1457/Mid24/610P, PCC v X 1479/Phar25/633P and PCC v X 1517/Phar25/639P).

    • Counsel for nurse successfully resisting registration cancellation for dishonesty offending against patients (PCC v Clavecilla 1238/Nur22/546P).

  • Examples of Findlay’s recent experience in investigations and inquests include:

    • Counsel for a nurse in five-day coronial inquest into death raising complex mental health care questions (Re Collins [2024] NZCorC 121).

    • Legal adviser to many committees appointed to investigate serious professional conduct complaints.

    • Counsel to health practitioners responding to professional conduct and competence complaints, including before investigating committee, therapeutic processes and the Health and Disability Commissioner.

    • Advising conduct committees on evidential sufficiency and other prosecution matters.

    • Lawyer member of a New Zealand Law Society Standards Committee 2021-2023.

  • Findlay’s recent civil litigation experience includes:

    • Junior counsel for the Attorney-General in three-week civil trial involving duty of care in the aviation context (Dovey Aviation Limited v Attorney General [2021] NZHC 429).

    • Junior counsel for Open Country Dairy in an application for judicial review of a Commerce Commission pricing calculation matter (Open Country Dairy v Commerce Commission [2020] NZHC 334).

  • Examples of Findlay’s recent experience in criminal matters include:

    • Junior and lead counsel for the Crown in a number of sentence and conviction appeals to the High Court and Court of Appeal.

    • Counsel for Parole Board in release appeal (Van Wakern v New Zealand Parole Board [2017] NZHC 362)

    • Junior counsel for Crown in Supreme Court appeal considering jury warnings for demeanour (Taniwha v R [2016] NZSC 123, [2017] 1 NZLR 116). 

    • Junior counsel for Crown in Supreme Court appeal considering digital files as property for the purposes of the Crimes Act 1961 (Dixon v R [2015] NZSC 147, [2016] 1 NZLR 678).

    • Junior counsel for the United States in all extradition stages of Kim Dotcom litigation 2014-2017, including a 12 week extradition hearing and eight week High Court appeal, as well associated interlocutory appeals and judicial reviews.