Maria Austen

Maria’s practice covers a wide range of employment issues focusing on advisory work and litigation for both private and public sector clients including Ministries, Crown Entities, Public Service Departments and Organisations, corporate entities, multi-national employers, associations, and local businesses.

Specific Expertise

• Public Sector and Corporate Restructuring and Organisational change
• Advising government agencies and entities on implementation of Disciplinary and Dismissal Processes in relation to employee Misconduct including Sexual Harassment, Bullying, Conflicts of Interest, Performance, Incapacity and Sick Leave
• Advising National Iwis on staffing/ER issues
• Advising Trans-Tasman companies and lawyers on compliance and risk & advising on jurisdictional disputes for overseas NZ employers
• Restraint of Trade and Confidential Information Litigation including interlocutory relief litigation
• Advising Health Organisations and Regulatory Authorities and employers on employment and clinical obligations
• Obtaining Settlements for Senior Employees
• Privacy and Human Rights legislation complaints and mediation processes

Maria Austen

Investigations, Reviews & Enquiries

Maria is frequently appointed to undertake independent investigations, and reviews into a variety of issues including conflicts of interest, disciplinary matters, sexual harassment and bullying complaints. Maria obtained qualification in the United States in 2017 through the Association of Workplace Investigators and holds the AWI_CH distinction.

Some of Maria’s investigations have included:
• the Civil Aviation Authority
• the Department of Internal Affairs
• the Ministry of Justice
• the Human Rights Commission
• the State Services Commission (now Public Service Commission)
• Sport New Zealand
• the Police Association
• the New Zealand Labour Party
• FoodStuffs North Island Limited
• Ministry of Education
• Parliamentary Services

Independent Investigator for New Zealand’s Sport and Recreation Complaints and Mediation Service 2021-2024

Maria is an appointed Investigator on the Public Service Commission’s Lead Inquirer Panel.

Litigation

Maria is an accomplished litigator having appeared in a number of high-profile cases including:

• New Zealand Public Service Association Te Pukenga Here Tikanga Mahi Incorporated v Ministry for Primary Industries [2024] NZERA
• Ashby v The Proprietors of Taheke 8C and Adjoining Blocks Incorporated [2024] NZERA 353
• Gibson v Wedgelock Equipment Limited [2022] NZERA 330
• Dollar King Limited v Hyowon Jun – as Amicus [2020] NZEmpC 10/2020
• Smith v Director General of the Ministry for Primary Industries [2018] NZEmpC 20 EMPC 90/2017
• Clive Smith v Director General for Ministry for Primary Industries [2017] NZERA Wgtn 18
• Patrick Franz v New Zealand Trade & Enterprise Limited [2016] NZERA Auckland
• Nash v New Zealand Trade and Enterprise, [2013]; NZ EmpC 101
• Nieuwenhuis v Chief Executive of Ministry for Primary Industries [2013];
• Nash v Wellington Regional Chamber of Commerce, [2013]; NZERA Wellington 165
• Alo v New Zealand Customs Service AA305/10
• Smith v Royal New Zealand Plunket Society Inc AA146/08
• Salt v Governor of Pitcairn and Associated Islands [2008] NZCA 128
• Smith & Ors v Royal New Zealand Plunket Society AA 146/08
• Felton v UBD (a division of W&H Publications Ltd) AA374/04, AEA394/04
• Jackel (NZ) Ltd v Ireland AA 75A/04
• Easterbrook v Cycle & Carriage (City) Ltd WA 4/01

Qualifications

• LLB Victoria
• Admitted to Bar 1997
• Association of Workplace Investigators graduate February 2017. AWI-CH distinction.

ROLES & LEADERSHIP

• Independent Investigator for New Zealand’s Sport and Recreation Complaints and Mediation Service 2021-2024
• Appointed Investigator on the Public Service Commission’s Lead Inquirer Panel.
• Member NZLS Wellington Employment Law Committee
• Member NZ Bar Association National Employment & Privacy Committee

Investigations, Reviews & Enquiries

Maria is frequently appointed to undertake independent investigations, and reviews into a variety of issues including conflicts of interest, disciplinary matters, sexual harassment and bullying complaints. Maria obtained qualification in the United States in 2017 through the Association of Workplace Investigators and holds the AWI_CH distinction.

Some of Maria’s investigations have included:
• the Civil Aviation Authority
• the Department of Internal Affairs
• the Ministry of Justice
• the Human Rights Commission
• the State Services Commission (now Public Service Commission)
• Sport New Zealand
• the Police Association
• the New Zealand Labour Party
• FoodStuffs North Island Limited
• Ministry of Education
• Parliamentary Services

Independent Investigator for New Zealand’s Sport and Recreation Complaints and Mediation Service 2021-2024

Maria is an appointed Investigator on the Public Service Commission’s Lead Inquirer Panel.

Litigation

Maria is an accomplished litigator having appeared in a number of high-profile cases including:

• New Zealand Public Service Association Te Pukenga Here Tikanga Mahi Incorporated v Ministry for Primary Industries [2024] NZERA
• Ashby v The Proprietors of Taheke 8C and Adjoining Blocks Incorporated [2024] NZERA 353
• Gibson v Wedgelock Equipment Limited [2022] NZERA 330
• Dollar King Limited v Hyowon Jun – as Amicus [2020] NZEmpC 10/2020
• Smith v Director General of the Ministry for Primary Industries [2018] NZEmpC 20 EMPC 90/2017
• Clive Smith v Director General for Ministry for Primary Industries [2017] NZERA Wgtn 18
• Patrick Franz v New Zealand Trade & Enterprise Limited [2016] NZERA Auckland
• Nash v New Zealand Trade and Enterprise, [2013]; NZ EmpC 101
• Nieuwenhuis v Chief Executive of Ministry for Primary Industries [2013];
• Nash v Wellington Regional Chamber of Commerce, [2013]; NZERA Wellington 165
• Alo v New Zealand Customs Service AA305/10
• Smith v Royal New Zealand Plunket Society Inc AA146/08
• Salt v Governor of Pitcairn and Associated Islands [2008] NZCA 128
• Smith & Ors v Royal New Zealand Plunket Society AA 146/08
• Felton v UBD (a division of W&H Publications Ltd) AA374/04, AEA394/04
• Jackel (NZ) Ltd v Ireland AA 75A/04
• Easterbrook v Cycle & Carriage (City) Ltd WA 4/01

Qualifications

• LLB Victoria
• Admitted to Bar 1997
• Association of Workplace Investigators graduate February 2017. AWI-CH distinction.

ROLES & LEADERSHIP

• Independent Investigator for New Zealand’s Sport and Recreation Complaints and Mediation Service 2021-2024
• Appointed Investigator on the Public Service Commission’s Lead Inquirer Panel.
• Member NZLS Wellington Employment Law Committee
• Member NZ Bar Association National Employment & Privacy Committee