Molly McCarthy
Associate | Kaiwawao

LLB/BA

Contact
mcm@lcc.co.nz

Information for victims and witnesses

 

Molly is a dual-qualified lawyer (New Zealand, England and Wales) with broad litigation experience including public law, civil and commercial litigation,  and regulatory enforcement. She has acted both for and against various public decision-makers in judicial review proceedings relating to a range of matters including acquisition of land for public works; setting of fisheries quotas; exercise of prosecutorial discretion; and investment of the New Zealand Superannuation Fund. Molly has appeared before the District Court and its Accident Compensation Corporation Registry, Environment Court, High Court, Court of Appeal and Supreme Court.

Molly began her legal career on the litigation and public law teams of one of New Zealand’s leading commercial law firms, before joining the independent bar, where she worked as a junior barrister at a highly regarded Wellington chambers and then practised as a barrister sole. Immediately prior to joining the firm, Molly conducted regulatory enforcement at the United Kingdom’s Financial Conduct Authority.  

Recent and notable work:

Public law and judicial review:

  • Acting for the Minister for Land Information in relation to an acquisition of land under the Public Works Act 1981 in Dromgool v Minister for Land Information from the Environment Court through to the Supreme Court.

  • Representing the Environmental Law Initiative in its successful judicial review of a decision setting total allowable catch for rock lobster under the Fisheries Act 1996 in Environmental Law Initiative v Minister for Oceans and Fisheries [2022] NZHC 2969.

  • Judicial review of the Guardians of New Zealand Superannuation’s policies and decisions related to Fund investments associated with Western Sahara in Mohamed v Guardians of New Zealand Superannuation [2020] NZHC 1324.

  • Acting for the Minister for Land Information in various litigation related to the Mount Messenger Bypass.

  • Application for urgent interim relief in respect of TVNZ’s decision not to include a minor political  party in its televised debate.

Commercial disputes:

  • Acting for a government agency in respect of an insurance claim arising out of the 2016 Kaikōura earthquake.

  • Representing a major electricity gentailer in a contractual dispute relating to the interpretation of a financial instrument.

Regulatory work:

  • Advised on the Financial Conduct Authority’s enforcement action against a major UK retail bank’s treatment of customers in arrears, resulting in payment by the bank of a £10.9 million fine.

  • Acting for the New Zealand Exchange in claims brought before the New Zealand Markets Disciplinary Tribunal against issuers and market participants.