TIM GUNN

LLM(HONS) LLB BA

Director

ABOUT TIM GUNN

Welcome! I am Tim Gunn, a dedicated civil litigation lawyer specialising in insurance law, employment disputes, and civil litigation.

Professional Background

I began my legal career in Queenstown before moving to Auckland, Sydney and Christchurch, where I honed my skills at prominent insurance law firms. A pivotal moment in my career was working alongside the late Andrew Hooker at Shine Lawyers, whose passion for justice and dedication to client advocacy inspires my practice.

I’m now based in Matakana, north of Auckland, NZ where I live locally with my wife and two children.

I am a down to earth, approachable individual who acts for all sorts of clients ranging from large businesses to individuals based all around New Zealand.

My core values are fairness and pragmatism which means regardless of the client or the value of the dispute, I am intrinsically driven to deliver solution orientated advice with a demonstrated record that I am proud of.

As a vocal advocate for mental health I am well practiced in supporting clients through challenging experiences with empathy, compassion and clear communication.

Areas of Expertise

  • Insurance Law: Extensive experience in complex claims handling, dispute resolution, and advising on policy coverage and indemnity issues. I am actively involved in advocacy for insurance law reform in New Zealand.

  • Civil Litigation: Proven track record in the High Court, District Court, and various tribunals, including mediations and adjudications.

  • Employment Disputes: Skilled in resolving conflicts and protecting the rights of employees and employers alike.

Notable Cases and Contributions

Property and Other Insurance

In the last 10 years I have assisted countless homeowner policyholders to achieve substantial increased settlement amounts for claims arising from property damage arising from earthquake damage, subsidence, flood damage claims, fire claims, arson, impact damage, hail storm events and building collapse. Some of my work includes:

  • Acting for Lyttleton Port Company (LPC) in claim against insurer for one of New Zealand’s highest value material damage claim arising from Christchurch earthquake

  • PFAS contamination from fire fighting foam claim for affected landowners seeking compensation from the Crown. Read published media on this case here

  • Working alongside Structural Engineers, Geotechnical Engineers and Quantity Surveyors to assist homeowners and commercial property owners to successfully challenge defective or deficient repair methodology and claim insufficient settlement amounts.

  • Achieving substantial increased settlement amounts for homeowner policyholders arising from property damage claims

  • Assistance with claims with the Insurance Ombudsman against insurance declinatures for Income Protection and Trauma Insurance claims

  • Acting for building suppliers under professional negligence claims associated with leaky building claims

  • Acting for property valuers under professional negligence claims arising out of the global financial crisis

  • Acting for homeowners and property owners in Christchurch earthquake claims against EQC and all major New Zealand insurers

  • Acting for homeowners against EQC in relation to landslips, subsidence and land damage

  • Representing clients through the Auckland, Napier and Hawkes Bay flood claims and compulsory acquisition process

  • Acting for homeowners in disputes with neighbours issues such as on easement and right of way issues and fencing disputes

  • Assisting Landlords with claims against tenants refusing to leave property or breaching lease conditions

  • Claim for misleading and deceptive conduct, breaches of the Fair Trading Act and breach of vendor warranties, in relation to sale of land

  • Supporting Property disputes:

    • Fencing disputes

    • Right of way claims

    • Wrongfully placed structures

    • Easement disputes

    • Encroachment issues

    • Co-ownership disputes

Construction and Building Defect Disputes

  • Breaches of Building Act warranties, breach of contract and negligence claims in relation to faulty workmanship claims against builders and developers in relation to building defects

  • Delay and performance claims against builders and developers

  • Negligence claims against builders, Structural Engineers and Geotechnical Engineers in relation to building defects and claims for remedial costs

  • Advice on potential recovery under building contract works policy following damage to a recently completed property from a negligent third party. Read published article on Stuff

  • Advice to Head Contractors and Landowners in relation to non-payment and payment claims disputes under the Construction Contracts Act

  • Resolution of building and construction defects claims through the mediation and the Building Disputes Tribunal adjudication

Income Protection

  • In the last 5 years have achieved over $10 million in claims payments to clients for disablement claims, (income protection and total and permanent disability claims)

  • Successfully overturned a declined Income Protection and Disability claim due to clinical depression against New Zealand’s largest life insurer AIA. Read published article on Stuff

Employment

I have acted for both Employers and Employees through a broad range of employment disputes. Some of my work includes:

  • Claims relating to sham contracting against large multi-national organisations in relation to incorrect determination of employee status

  • Providing advice to employers in relation to workplace change, restructuring proposals, bullying and harassment claims, personal grievances and workplace investigations

  • Appearing for Employers in mediation and at the Employment Relations Authority  

  • Employment advocacy for unfair dismissal inside 90 day trial period

  • Writing and revising employment agreements, policy and procedure documents, restructuring proposals and workplace investigations

Health Insurance

Some of my work includes:

  • Advocated for the denial of publicised critical condition insurance claim by BNZ Life relating to pituitary gland brain tumour.

  • Successfully defending claims against insurance policy holders in relation to breach of policy conditions and refunds of claim payment amounts

  • Successfully challenging health insurer declinatures to receive fair and favourable client outcomes

  • Challenging health insurer’s interpretation and application of the test of total and permanent disablement and the unfair application of conditions relating to mental health sufferers

  • Challenging claims declined by health insurers for congenital health disorders

  • Raising awareness and challenging unfair claims decisions in relation to health insurance claims associated with Pituitary Tumours, Chronic Fatigue, Chemo Fog, Mental Health issues, PTSD, Anxiety disorders, Traumatic Brain Injuries and Long Covid

  • Challenging unfairness in claims handling processes by insurance companies for policyholders with mental health disorders

  • Acting for Policyholders to challenge insurers decisions on innocent non-disclosure on health, travel, trauma and income protection claims

  • Acting for Policyholders against Insurance Brokers in relation to failure to provide advice in relation to replacement policy

Professional Affiliations


I am a member of the NZ Insurance Law Association and a member of the NZ Law Society and regularly participate in discussions on industry developments and best practices.

Get in Touch


If you have an insurance issue, employment dispute, or require legal advice, I would love to hear from you. Please reach out to schedule a consultation, or feel free to connect with me for a casual chat over coffee or phone.