Rachael Schmidt-McCleave

• While at the Bar, I undertook a number of independent reviews of policy and practice, as well as investigations, for various Government agencies, including the2023 review of Whaikaha the Ministry for Disabled Persons, a review into the culture of the Civil Aviation Authority by the Minister of Transport, a review and two investigations for the Ministry of Primary Industries into bullying and harassment allegations, and the same for the Ministry of Business, Innovation and Employment (involving a review of that Ministry’s mental health framework after an employee suicide)
• I have undertaken other regulatory and bullying reviews and investigations for EPA, FENZ and LINZ
• My most recent work in the three years before becoming coroner was in the inquisitorial space, including as lead Counsel for the Crown in the Royal Commission Abuse in Care Inquiry (ongoing), the Waitangi Tribunal Oranga Tamariki Urgent Uplift Inquiry, and the Waitangi Tribunal Housing Kaupapa Inquiry (ongoing)
• I also acted for a number of nurses in two inquests in Palmerston North, arising from two suicides within the Mental Health Unit of Palmerston North Hospital in2014
• I worked in New Zealand and the United Kingdom since commencing practice in1996
• I have expertise in public law, education law, general commercial litigation, medico-legal, privacy, employment and health and safety law
• I regularly appeared in the District Court, High Court and Court of Appeal, as well as in other tribunals such as the Health Practitioners Disciplinary Tribunal, the Employment Relations Authority, the Employment Court, the Māori Land Court, the Waitangi Tribunal, and the Human Rights Review Tribunal, in judicial review proceedings and appeals and other general commercial litigation, health regulatory work and employment litigation, and inquisitorial work
• I have a particular interest in health law and, especially, in the overlap between law and psychiatry, and in child protection law
• When at the Bar, I have worked extensively with responsible authorities under the Health Practitioners Competence Assurance Act2003, as legal advisor to Professional Conduct Committees investigating complaints, and as prosecutor with respect to disciplinary charges
• I am the co-author of the Thomson Reuters publications Health and Safety at Work in New Zealand: Know the Law (2015), the Health and Safety Handbook (2018,2nd ed), and Civil Remedies in NZ (2011,2nd ed)
• I spent almost a decade with the Crown Law Office (2001 –2010) where, as an Associate Crown Counsel and Crown Counsel in the Public Law Group, I honed my expertise in public and constitutional law, particularly in areas where the activities of Government interact with commerce, health law, and in areas of regulation
• During my time at Crown Law, I was also seconded to the legal teams of Treasury and of the then Securities Commission (now the Financial Markets Authority) and to the Constitutional Group at Crown Law (the latter where I was responsible for considering, and advising the Attorney-General on, requests for second inquests under the Coroners Act)
• I commenced my legal career as a solicitor with Chen Palmer & Partners (1996 –1997), before moving to Russell McVeagh as a solicitor and senior solicitor in Wellington (1997 –2000) and onto Freshfields Bruckhaus Deringer as a senior associate in London (2000 –2001)
• I spent two and a half years working as a senior associate in the dispute resolutions team at Minter Ellison Rudd Watts in Wellington (2010 –2014), where I was a key member of the firm’s public law, health law, and health and safety law practices
• Specific matters:
• Lead Counsel for the Crown in the Royal Commission Abuse in Care Inquiry, the Waitangi Tribunal Oranga Tamariki Urgent Uplift Inquiry and the Waitangi Tribunal Housing Kaupapa Inquiry
• Acting on instructions from the NZ Nurses Organisation for nurses in disciplinary proceedings and in inquests
• Acting for Oranga Tamariki on High Court matters involving the interpretation of the Oranga Tamariki Act1989 from a Te Ao Māori perspective
• Conducting investigations and reviews into various issues including compliance with statutory processes, mental health frameworks, bullying and harassment issues, and enforcement actions taken (for Whaikaha, Maritime NZ, Environmental Protection Agency, Fire & Emergency NZ, Ministry of Transport, Ministry for Primary Industries)
• Investigating, mediating and/or adjudicating on disputes, including for Fairway Resolution Ltd and for Massey University
• Advising the Overseas Investment Office and LINZ on best administrative law practice
• Advising various school Boards of Trustees in relation to employment, health and safety and student discipline matters
• Acting for the Health and Disability Commissioner in prosecutions before the HPDT, and in judicial review proceedings before the High Court
• Acting for the Ministry of Primary Industries, the Ministry of Health, and Oranga Tamariki in High Court and Court of Appeal proceedings
• Acting for the Ministry of Education in employment contract litigation in the Employment Court
• Acting for the NZ Psychologists Board, the Osteopathic Council of NZ, the Paramedics Council and the Occupational Therapy Board in general advice matters, PCC health practitioner investigations and HPDT prosecutions
• Advising the Plumbers Board on disciplinary and other matters
• Acting for Maritime New Zealand on health and safety appeals
• Advising the Social Workers Registration Board on disciplinary matters
• Te Ohu Kaimoana Ltd (the Māori Fisheries Trust) – Acting for Te Ohu Kaimoana Ltd in various proceedings under the Māori Fisheries Act2004 and the Māori Commercial Aquaculture Settlement Act2004
• Ministry of Justice – Acting in High Court appeals against decisions of the Legal Aid Commissioner in cases where the Crown Law Office is conflicted
• Acting as investigator in Ministry of Business, Innovation and Employment employment investigations and complaints into Employment Relation Authority members conduct
• The Treasury – With Solicitor-General approval, acting for the Treasury in litigation between Mrs Hubbard and the former South Canterbury Finance Ltd
• The Treasury – Advising on various public law issues arising from the Government’s Retail Deposit Guarantee Scheme and Treaty of Waitangi issues arising with respect to certain state-owned entities
• Ministry of Education – Advising the Ministry on issues surrounding its insurance claims in respect of schools after the Christchurch earthquakes
• Representing Commerce Commission in input methodology appeals brought under Part4 of the Commerce Act1986 (and related judicial review proceedings)
• Representing Civil Aviation Authority in judicial review and appeal proceedings in respect of decisions of the Director of Civil Aviation under the Civil Aviation Act1990
• Defending the Ministry of Education against urgent injunction proceedings pending a breach of contract claim and subsequent arbitration proceedings for breach of contract
• Appearing on behalf of the Ministry of Social Development and the Ministry of Business, Innovation and Employment in family court, immigration and social security appeals to the High Court and Court of Appeal

To come once imported

• Reviewed death records for accuracy and completeness, maintaining a high level of integrity within the coroner''s office.
• Assisted families of decedents by providing timely updates on case status and answering questions about the process, fostering a sense of trust and understanding.
• Maintained a high standard of professionalism and accuracy in handling sensitive cases, ensuring dignity for deceased individuals and their families.
• Worked closely with forensic pathologists and toxicologists to analyze evidence, leading to more accurate conclusions in complex cases.
• Increased community awareness about public health issues related to sudden deaths through informative presentations at local events.
• Communicated with families and next of kin to assist in cause of death investigations.
• Inquired into cause, manner and circumstances of human deaths and established identities of deceased persons.