Head of Litigation Barrister and Solicitor Daniel Zhang

Daniel Zhang

 

Daniel is a fierce and zealous litigator. He has represented clients in the Court of Appeal, the High Court, and the lower courts. His clients trust him with their commercial, company, insolvency, employment, relationship property, family, and criminal matters. Some highlights of his recent cases include:

In February 2017, Daniel appeared in the Court of Appeal facing against Immigration New Zealand in a Judicial Review matter. Daniel advanced the position that Immigration New Zealand had not followed Section 177 of Immigration Act 2009 correctly. Immigration New Zealand maintained that they were correct and in any event a previous Court of Appeal decision had already rule in their favour. Daniel’s position is that the previous Court of Appeal decision, Singh v MBIE [2016] NZAR 93, did not deal with this issue, thus does not stand as ratio decidendi. The Court’s previous comment was obiter dictum. The Court of Appeal agreed with Daniel and ruled in his clients’ favour. This is a very rare win where migrants successfully challenged Immigration New Zealand at the Court of Appeal level.

In 2017, Daniel successfully represented a client in discharging an order preventing removal of children. A significant feature of this case is that Daniel’s client obtained costs award which is very rare in Care of Child Act proceedings.

In 2017, Daniel represented a client in an Environment Court prosecution. Daniel was able to obtain sentence with a fine at very good level for a moderately serious offending.

In 2016, Daniel represented a client who was dismissed within 3 weeks of employment. The employer claimed various defences such as 90-day trial period, casual worker, and the dismissal was justified. In the end all of these defences failed and Daniel’s client was awarded all the damages claimed and increased costs.

In 2016, Daniel successfully represented a client who has been having great difficulty dividing relationship property. The client, being an overstayer, was under constant threat of deportation by his former partner, whom for many years after their break up had refused to share their relationship property. Through dedication, persistence, and legal strategies, Daniel forced the former partner to eventually settle on favourable terms to his client.

In 2016, Daniel defended a client who was charged with Reckless Driving. Through rigorous cross examination, at the end of the trial it became clear that the Reckless Driving charge could not possibly succeed. The police then changed the charge to Careless Driving right before the judge was to make a ruling. Daniel then successfully obtained a Section 106 Discharge without Conviction for his client on the spot.

In 2016, in another Section 106 Discharge without Conviction case, Daniel’s client was faced with significant difficulties due to a dispute with Summary of Facts. Through his persistence and strategies Daniel managed to settle the dispute in this client’s favour and obtained the Discharge without Conviction for his client.

In 2016, Daniel successfully defended a client against an application for arrest in the High Court. The case involved relationship and trust disputes. The plaintiff engaged a senior counsel, applied for an order to arrest and imprison Daniel’s client on without notice basis. Daniel had one evening to prepare the case, and successfully defended his client. His client was also awarded with costs on increased basis.

In 2015, Daniel represented a client who was held by Immigration New Zealand at the airport for minor customs breaches and was facing deportation. Daniel’s negotiation with Immigration New Zealand was instrumental in the client’s ultimate release and revocation of decision to deport.

Daniel has a strong sense of fairness. He understands how immigrants sometimes find it difficult to understand the laws of the new country and difficult to uphold their rights. It is his honour to help these people to obtain equity, equality and justice.
Daniel plays hard in his spare time, he enjoys all the outdoor sports that New Zealand’s pristine mountains and oceans have to offer.

DDI: 09 905 3687
Fax: 09 969 1492
Email: dzhang@amicuslaw.co.nz
Location: Auckland CBD Office