Ben specialises in advice and advocacy to solve commercial, regulatory and public law problems, and has a particular interest in competition, consumer, and economic regulation matters.

Ben is known for providing clear, practical and high quality advice that brings to bear his experience with in the commercial, regulatory and public law arenas. He has a passion for competition, consumer, and regulatory matters, and is one of New Zealand’s leading lawyers in these fields.

Ben can advise on how to conduct or respond to regulatory investigations and public inquires. He can also assist public agencies making decisions, or private parties seeking to influence them.

Ben has worked as a trial and appellate litigator in the civil and criminal jurisdictions for nearly twenty years, appearing in the District Court, High Court, Court of Appeal and Supreme Court. He has a particular focus on prosecutions, regulatory enforcement proceedings, judicial review and statutory appeals.

Ben has worked across a range of sectors including construction, telecommunications, energy, transport, media, health, financial services, FMCG, and both local and central government.

Advisory Experience

Ben’s recent experience includes:

Competition, consumer and regulatory matters

Ben has strong established relationships with the New Zealand Commerce Commission and other regulators, having worked in the field for nearly twenty years.

Ben advises on all aspects of New Zealand competition & regulatory law including merger control, cartel investigations, abuse of market power investigations, restrictive trade practices investigations, market studies and sector specific economic regulation.

Ben also advises on all aspects of consumer law, including misleading conduct, substantiation, unfair and unconscionable conduct, and sector specific consumer regulation.

Judicial review and public decision making

Ben is experienced in public decision making in contentious, high profile and complex environments.  He can assist with advice on robust and impartial information gathering, fair and lawful decision making, and dealing with potential challenges.

Investigations and inquiries

Ben can provide advice on conducting or responding to a regulatory investigation, including evidence gathering, witness interviews, and prosecution decision making. He is also experienced in working with quasi-judicial and administrative inquiries, including Ombudsman investigations.

Law Reform

Ben is experienced in the law reform process, including working with government agencies on policy and legislative design, preparing and presenting submissions at Select Committees, and implementation of legislative changes.

Disclosure of information

Ben is experienced in working with requests and complaints under the Official Information Act 1982 and Privacy Act 2020.  He can also assist with disclosures of confidential or private information.

Litigation Experience

Ben has worked on litigation of all sizes, from small prosecutions to large multi-party commercial proceedings. Prior to joining the Bar in 2022, Ben was responsible for an extensive portfolio of Competition and Consumer litigation for the Commerce Commission.

Some of his significant cases as counsel in the competition, consumer and regulatory fields include:

Outside of this work, Ben has taken a range of cases for other regulators including:

As a Crown prosecutor, Ben prosecuted serious criminal offending on behalf of the Crown including as lead counsel in criminal trials in the District Court, and numerous criminal appeals to the High Court. Appeals of interest included Thompson v Police [2013] 1 NZLR 848 (a New Zealand Bill of Rights Act case on disorderly conduct),  Alan Shore v Police [2014] NZHC 503 (counsel error) and Landmark v Police [2014] NZHC 1280 (encouragement of antisemitic desecration of graves).

At the Commerce Commission, Ben advised on a wide range of investigations and decisions, and was responsible for a range of significant proceedings that resulted, including:

Appointments

In 2022 Ben was appointed by the Solicitor-General to the Cartel Prosecutors Panel under the Commerce Act 1986.

In 2023 Ben was appointed by the New Zealand Law Society as a member of the National Standards Committee (No 2) under the Lawyers and Conveyances Act 2006.

Memberships

  • New Zealand Law Society
  • New Zealand Bar Association
  • New Zealand Criminal Bar Association
  • Competition Law and Policy Institute of New Zealand
  • Law and Economics Association of New Zealand

Contact Ben Hamlin

Level 2 Solnet House
70 The Terrace
Wellington 6011
PO Box 48036
Silverstream 5142
Mobile: +64 22 067 7493
ben.hamlin@cliftonchambers.co.nz