Partners

Shafraz Khan

Shafraz Khan
Partner

DDI: (+64 9) 915 2422
Email: shafraz.khan@fortunemanning.co.nz

Qualifications
LLB 2002
Barrister and Solicitor, New Zealand 2002

Memberships 
Auckland District Law Society
New Zealand Law Society

Executive Assistant 
Jo McLean
DDI: (+64 9) 915 2975
Email: jo.mclean@fortunemanning.co.nz

Expertise

  • Carriage Contracts
  • Terms of Trade
  • Advice on Free Trade Agreements
  • Contractors and carriers liability
  • Statutory prosecutions
  • NZTA investigations and appeals
  • CVIU investigations
  • Heavy Vehicle defence work including operator charges, logbooks and work time
  • Commercial litigation and dispute resolution
  • Health and Safety advisory and defence
  • Environmental offences
  • Insurance
  • Regularly acts for clients in commercial disputes both in the District and High Courts
  • Acts in the defence of companies in regulatory prosecutions including Health and Safety and Resource Management
  • Acts for transport operators and drivers in prosecutions against the CVIU
  • Gives commercial advice to clients who are developing new or existing businesses
  • Advises and assists clients in developing policies and appropriate legal framework for their business
  • Advises clients on NZTA compliance, audits and appeals
  • Successful challenge against New Zealand Police policy to seek GPS records through their Commercial Vehicles Investigation Unit from transport operators
  • Successful challenge against search warrants for GPS records from transport operators
  • Successful application to strike-out numerous Health and Safety charges on grounds that they were statutorily barred
  • Successful defences of Health and Safety charges against transport operators in Auckland and Christchurch
  • Successful defence of RMA charges against contractor working for Horizons District Council on the basis that historic consents prior to the RMA were still in force

Shafraz is a commercial and civil litigation specialist. One of the very few specialist transport lawyers in the country, Shafraz is a well-respected and sought after adviser in the transport and marine sector.

Shafraz’s expertise in litigation makes him a practical and strategic adviser in all commercial matters. He has a realistic approach to all client issues and provides practical and commercially viable solutions. Shafraz has led many cases at different levels of Courts and Tribunals and alternative dispute resolution forums. Most recently Shafraz was lead Counsel for the plaintiff on the leading New Zealand case on Penalties law. This case has set the precedent on how such contractual clauses are interpreted in New Zealand.

Shafraz has also acted in various matters defending clients in Health and Safety and Resource Management prosecutions.

Shafraz believes that it vital to have an understanding of the worst case scenario if matters end up in litigation to be able to advise clients properly on strategy. It is important to make decisions at a very early stage.

Shafraz is a passionate soccer fan, coming from a soccer crazy town in Fiji. However more recently he has been fighting for the seat at the piano trying to outdo his daughter and wife. The jury is still out on that one.