Indian-origin boy who left Fiji after coup is Auckland high court's new associate judge
Nischal Hasmukhlal Malarao will be sworn in next month at the Auckland High Court.
Legal observers say the move reflects the judiciary’s increasing need for judges with deep commercial expertise.
Nischal Hasmukhlal Malarao was still a young boy when his family left for New Zealand in 1987 after the military coup in Fiji.
At least 2,400 people migrated that year, making it New Zealand's largest-ever influx of permanent arrivals from Fiji.
All of 11, Malarao found himself sitting at a primary school in Te Kauwhata, north of Waikato, far away from his hometown of Nadi. He was the only Fijian child in his new school.
“It was a huge culture shock for me,” Malarao recalled in this interview with BusinessDesk in 2025.
“I had quite a tough time adjusting to the new environment that I was suddenly put into.”
Last week, Attorney-General Chris Bishop announced Malarao's appointment as an Associate Judge of the High Court. He is scheduled to be sworn in on June 10 at the Auckland High Court.
Judicial diversity surveys in recent years have shown New Zealand’s bench is gradually becoming more representative of the country’s population.
But it remains largely Pakeha, with Asian and Indian judges still a minority within the judiciary. It is in that context that over the weekend New Zealand's Indian diaspora celebrated Malarao's appointment.
"This is a truly outstanding accomplishment and a proud moment for our community," the New Zealand Gujarati Sports and Cultural Association posted on Facebook.
"[We are] delighted to share the remarkable achievement of one of our very own – Nick Malarao – on his appointment as an Associate Judge of the High Court in New Zealand."
Malarao's selection brings to the bench more than two decades of litigation experience spanning company law, insolvency, tax disputes, regulatory enforcement and complex commercial proceedings.
Legal observers say the move reflects the judiciary’s increasing need for judges with deep commercial expertise as businesses navigate an evolving economic and regulatory environment.
Associate Judges of the High Court deal primarily with civil matters, including insolvency, company disputes and summary judgment applications.
Malarao graduated from the University of Auckland in 1999 with degrees in law and commerce before beginning his career at Chapman Tripp.
He joined Auckland Crown Solicitor Meredith Connell in 2000 and later worked in London in the litigation department of Lloyd’s of London between 2002 and 2003.
After returning to New Zealand, he appeared in trial and appellate courts on civil and commercial matters and prosecuted criminal trials.
He became a partner at Meredith Connell in 2010 and later served as a senior litigation partner in the firm’s commercial litigation division, leading multiple teams and practice groups.
He is regarded as a specialist in company and insolvency law, particularly directors’ duties, and has appeared in or supervised more than 100 directors’ duties proceedings in the High Court, along with hundreds of liquidation and bankruptcy cases.
In 2019, he argued what was described as New Zealand’s first substantive directors’ duties case before the Supreme Court, a precedent-setting matter in company law.
He was also appointed to the government’s 2018 Tax Working Group chaired by former deputy prime minister Sir Michael Cullen, which examined potential reforms to New Zealand’s tax system.
In July 2024, he moved to the independent bar at Richmond Chambers in Auckland, specialising in civil, commercial, tax and regulatory disputes.
Outside the law, Malarao has held roles within the Kshatriya Society of New Zealand, a community organisation representing members of the Gujarati Kshatriya subgroup originating from India. He is proficient in Hindi and Gujarati and maintains strong ties to Fiji.
