Nixon Fong

BCom/LLB(Hons)

Nixon Fong

BCom/LLB(Hons)

Bio

Nixon is a civil and commercial litigator. He is experienced with both trial and appellate work.

His areas of interest and practice include commercial litigation, contract and property disputes, trusts/fiduciary law, tort claims, and all aspects of public law. He has particular expertise in fiduciary & equitable remedies, the law of negligence and judicial review.

Prior to his practice as a barrister, he worked at a large national firm and was Crown Counsel at the Crown Law Office. He understands the needs of private and corporate clients, as well as the government and regulators. He appears regularly in the High Court and Court of Appeal, and has argued in several appeals in the Supreme Court.

He has been involved in some of the country’s most complex and high-value cases in the field of trusts/equity (a $6 billion claim for breach of fiduciary duty against the Crown), negligence (a $450m class-action claim against a government regulator), and private nuisance (a $7m claim, the leading Supreme Court case on the law of continuing nuisance).

He also has extensive experience in judicial review, often involving high stakes. Examples include challenges involving a $13.6 billion national land transport investment plan, proposed destruction of around 48,000 commercial fruit trees, and New Zealand’s climate change targets.

Nixon has a degree in economics as well. He is adept at handling complex economic/financial modelling and valuation evidence, including cross-examining expert witnesses in these disciplines.

Nixon is multilingual. In addition to English, he is fluent in Cantonese and has working knowledge of Mandarin. He can read both traditional and simplified Chinese.

Practice Areas

  • Commercial litigation 
  • Trusts and Equity (including fiduciary claims)
  • Negligence, nuisance, property disputes
  • Judicial review
  • Bill of Rights litigation

Notable Experience

Nixon’s recent significant instructions include:

  • Stafford v Attorney-General [2024] NZHC 3110 & [2025] NZHC 2455: Acting for the Crown in the “Nelson tenths” litigation. This was a $6 billion claim for breach of fiduciary duty. I was counsel leading the equitable compensation part of the claim. 
  • Movement v Waka Kotahi New Zealand Transport Agency [2025] NZCA 86: Acting for the Minister for Transport (lead counsel), successfully defended a judicial review of the National Land Transport Plan (a $13.6 billion transport investment plan).
  • Edubase Ltd v Minister of Education [2024] NZCA 430: Acting for the Minister of Education, largely successful in defending a claim in equitable estoppel and quantum meruit.
  • X & Y v Chief Executive of Oranga Tamariki [2023] 2 NZLR 261 (CA): Acting for Oranga Tamariki (lead counsel), successfully defended, for the most part, a claim brought by foster carers in negligence and bill of rights damages.

  • Young v Attorney-General [2023] 1 NZLR 596 (SC): Acting for the Crown in a $7m claim involving the tort of continuing nuisance. I led the argument on the law at trial and on appeal, including the Supreme Court. This is the leading authority in this area of the law.
  • Lawyers for Climate Action NZ Inc v Climate Change Commission [2022] NZHC 3064: Acting for the Minister of Climate Change, successfully defended a judicial review challenge to New Zealand’s first Nationally Determined Contribution and emissions budgets. 
  • Labour Inspector v Southern Taxis Ltd [2021] NZCA 705: Acting for the Labour Inspector in a claim concerning accessory liability for breach of minimum employment standards. Successfully overturned Employment Court’s decision on appeal. I was lead counsel briefed at the Court of Appeal stage.

  • Attorney-General v Strathboss Kiwifruit Limited [2020] 3 NZLR 247 (CA): Acting for the Crown (MPI) in a class action negligence suit brought by a group of kiwifruit growers, seeking $450m. The Crown was successful in the Court of Appeal.  I had primary responsibility for the claim involving the novel issue of relational economic loss (approx. $92.5m).
  • Waimea Nurseries Ltd v Director-General for Primary Industries [2019] 2 NZLR 107 (HC): Acting for MPI, in a judicial review of a proposed decision to destroy approximately 48,000 commercial fruit trees.
  • Hines & Jacob v Attorney-General: Acting for the Crown, defending a discrimination claim in relation to the provision of religious instructions in schools.

Nixon Fong

BCom/LLB(Hons)

Bio

Nixon is a civil and commercial litigator. He is experienced with both trial and appellate work.

His areas of interest and practice include commercial litigation, contract and property disputes, trusts/fiduciary law, tort claims, and all aspects of public law. He has particular expertise in fiduciary & equitable remedies, the law of negligence and judicial review.

Prior to his practice as a barrister, he worked at a large national firm and was Crown Counsel at the Crown Law Office. He understands the needs of private and corporate clients, as well as the government and regulators. He appears regularly in the High Court and Court of Appeal, and has argued in several appeals in the Supreme Court.

He has been involved in some of the country’s most complex and high-value cases in the field of trusts/equity (a $6 billion claim for breach of fiduciary duty against the Crown), negligence (a $450m class-action claim against a government regulator), and private nuisance (a $7m claim, the leading Supreme Court case on the law of continuing nuisance).

He also has extensive experience in judicial review, often involving high stakes. Examples include challenges involving a $13.6 billion national land transport investment plan, proposed destruction of around 48,000 commercial fruit trees, and New Zealand’s climate change targets.

Nixon has a degree in economics as well. He is adept at handling complex economic/financial modelling and valuation evidence, including cross-examining expert witnesses in these disciplines.

Nixon is multilingual. In addition to English, he is fluent in Cantonese and has working knowledge of Mandarin. He can read both traditional and simplified Chinese.

Practice Areas

  • Commercial litigation 
  • Trusts and Equity (including fiduciary claims)
  • Negligence, nuisance, property disputes
  • Judicial review
  • Bill of Rights litigation

Notable Experience

Nixon’s recent significant instructions include:

  • Stafford v Attorney-General [2024] NZHC 3110 & [2025] NZHC 2455: Acting for the Crown in the “Nelson tenths” litigation. This was a $6 billion claim for breach of fiduciary duty. I was counsel leading the equitable compensation part of the claim. 
  • Movement v Waka Kotahi New Zealand Transport Agency [2025] NZCA 86: Acting for the Minister for Transport (lead counsel), successfully defended a judicial review of the National Land Transport Plan (a $13.6 billion transport investment plan).
  • Edubase Ltd v Minister of Education [2024] NZCA 430: Acting for the Minister of Education, largely successful in defending a claim in equitable estoppel and quantum meruit.
  • X & Y v Chief Executive of Oranga Tamariki [2023] 2 NZLR 261 (CA): Acting for Oranga Tamariki (lead counsel), successfully defended, for the most part, a claim brought by foster carers in negligence and bill of rights damages.

  • Young v Attorney-General [2023] 1 NZLR 596 (SC): Acting for the Crown in a $7m claim involving the tort of continuing nuisance. I led the argument on the law at trial and on appeal, including the Supreme Court. This is the leading authority in this area of the law.
  • Lawyers for Climate Action NZ Inc v Climate Change Commission [2022] NZHC 3064: Acting for the Minister of Climate Change, successfully defended a judicial review challenge to New Zealand’s first Nationally Determined Contribution and emissions budgets. 
  • Labour Inspector v Southern Taxis Ltd [2021] NZCA 705: Acting for the Labour Inspector in a claim concerning accessory liability for breach of minimum employment standards. Successfully overturned Employment Court’s decision on appeal. I was lead counsel briefed at the Court of Appeal stage.

  • Attorney-General v Strathboss Kiwifruit Limited [2020] 3 NZLR 247 (CA): Acting for the Crown (MPI) in a class action negligence suit brought by a group of kiwifruit growers, seeking $450m. The Crown was successful in the Court of Appeal.  I had primary responsibility for the claim involving the novel issue of relational economic loss (approx. $92.5m).
  • Waimea Nurseries Ltd v Director-General for Primary Industries [2019] 2 NZLR 107 (HC): Acting for MPI, in a judicial review of a proposed decision to destroy approximately 48,000 commercial fruit trees.
  • Hines & Jacob v Attorney-General: Acting for the Crown, defending a discrimination claim in relation to the provision of religious instructions in schools.