Jessica Blythe
Partner | Tumuaki
BA/LLB (Hons) (Auckland); LLM (Toronto)
Contact
jmb@lcc.co.nz
+64 27 550 4043
Jessica has extensive experience representing and advising public sector clients. She has represented the Crown, Police, MBIE, DIA, Corrections, Customs, MSD, Auckland Council, WorkSafe and many other departments and agencies in serious criminal and regulatory cases. She is an experienced advocate and has appeared in the District Court, High Court and Court of Appeal in both the criminal and civil jurisdictions, for public sector and private clients. She has also appeared regularly before the Parole Board in respect of some of the country's highest risk offenders.
Jessica has experience advising public sector clients on their regulatory enforcement strategies and complaints and investigation processes, as well as public law advice in respect of their decision-making.
Before joining Luke Cunningham Clere, Jessica worked at the office of the Auckland Crown Solicitor for many years, including seven years as a partner. She began her legal career at another large New Zealand law firm, where she gained experience in resource management law, insolvency and commercial litigation.
Recent and notable work:
Advising the Ministry of Social Development on its COVID-19 wage subsidy recovery work (including the design of policy and processes, strategic advice, investigation assistance, and evidential sufficiency advice), and acting for the prosecution in numerous COVID-19 wage subsidy fraud cases, including R v Rivers (2025) the largest fraud prosecution to date for wage subsidy offending (charges laid by MSD and IRD), and R v Gill (2024) the first jury trial for a wage subsidy fraud case in New Zealand (charges laid by Police).
Advising the Department of Corrections High Risk Team, including appearing in the District Court and High Court for numerous Extended Supervision Order applications, and before the Parole Board in respect of special conditions hearings and recall hearings.
Advising the Department of Corrections Returning Offenders Team in respect of the Returning Offenders (Information and Management) Act.
Conducting reviews for regulators, providing recommendations to improve their complaints systems and enforcement processes.
Advising MBIE in respect of trafficking in persons and exploitation charges, and prosecuting offences on behalf of MBIE under the Immigration Act and Crimes Act.
Advising MBIE on numerous director banning orders under s 383 of the Companies Act, and representing MBIE in numerous prosecutions under the Companies Act and Insolvency Act, including R v Anihana (2022), a prosecution for charges brought by both the Companies Office and NZ Police against a prolific fraud offender for numerous breaches of the Companies Act and fraud offences under the Crimes Act.
Advising the Department of Internal Affairs on the enforcement of the Gambling Act (including appearing as counsel in a number of proceedings for charges brought under the Gambling Act or Crimes Act).
Advising NZ Customs Service, and representing Customs or the Crown in numerous prosecutions, including NZ Customs Service v Shakib & Ormat Limited (2016), a 2.5 week trial for charges of making erroneous Customs entries, defrauding Customs revenue, dishonest use of a document, false accounting and selling uncustomed goods, and R v Ho Hin Wan (2017) a High Court jury trial for methamphetamine importation.
Advising the Ministry for Primary Industries, and representing MPI or the Crown in numerous prosecutions, including R v Golden Grand Trading Limited & Anor (2024), a prosecution for breaches of the Food Act (relating to the sale of liquor with lot codes removed or tampered with).
Advising Auckland Council, and representing the Council or the Crown in a number of proceedings, including Auckland Council v Imperial Homes Norwest Limited & Ors (2019-2021) a prosecution relating to illegal sales of overpriced “affordable” housing in Hobsonville Point, Auckland Council v Dragon Group Enterprise Limited, a prosecution for contravention of a dangerous building notice, and R v Fan (2016) a jury trial for a charge filed under the Resource Management Act for a breach of an abatement notice.
Advising and representing WorkSafe in a number of prosecutions under both the Health and Safety at Work Act 2015 and the Electricity Act (for example WorkSafe NZ v Fall Stop Scaffold Limited (2020), a prosecution of a scaffolding company for breaches of the Health and Safety at Work Act, WorkSafe v Electrix Limited (2017), a prosecution under s 163C of the Electricity Act).
Acting for the Financial Markets Authority and former Securities Commission on a number of high profile criminal and civil proceedings against the directors of failed finance companies, including appearing as junior counsel in the 13 week High Court trial of three directors of Nathans Finance (NZ) Limited for breaches of the Securities Act 1978, and at the subsequent appeal of the sentencing decision in the Court of Appeal: R v Moses (2011).