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DLA Piper New Zealand

DLA PIPER TOWER, LEVEL 22, 205 QUEEN STREET, AUCKLAND 1010, NEW ZEALAND
Tel:
Work +64 9 303 2019
Fax:
Fax +64 9 303 2311
Email:
Web:
www.dlapiper.com

Iain Thain

Tel:
Work +64 9 300 3818
Email:
DLA Piper LLP (US)

Work Department

Partner, Dispute Resolution

Position

Iain is a commercial litigator with a background in insurance claims work. He specialises in competition and regulatory matters, marketing and consumer law, and property law related matters including construction. Iain combines these areas of specialty with a broad practice in general commercial litigation, from insolvency matters and debt collection to complex contractual disputes. As well as being a skilled commercial negotiator, where appropriate, he works across the full range of formal dispute resolution procedures - from court litigation, to arbitration to alternative processes, including conciliations and mediations. In addition to resolving disputes and dealing with regulators' investigations, Iain works closely with the firm's transactional lawyers to help clients structure and document transactions to minimise the risk of disputes arising. For further information, please view: https://www.dlapiper.co.nz/people/iain-thain

Career

Barrister and Solicitor of the High Court of New Zealand, 1990; Solicitor of the Supreme Court of England and Wales, 1997

Member

New Zealand Law Society; Law Society of England and Wales; Competition Law & Policy Institute of New Zealand Inc; Society of Construction Law NZ Inc

Education

LLB (Hons), University of Auckland, 1989; BCom, University of Auckland, 1989


New Zealand

Competition law

Within: Competition law

DLA Piper New Zealand is 'very good - it understands clients' business and meets or exceeds their expectations'. The firm handles market regulation issues, investigations, cartel allegations and merger clearances for local and multinational companies such as Foodstuffs North Island, Expedia, Mondelēz and General Mills. The practice is led from Auckland by 'highly regarded competition lawyer' Mark Williamson and litigator Iain Thain, who are 'equal to or better than any in this area'. Williamson advises on regulation, trade practices, antitrust matters and compliance strategies. Thain's contentious work includes cases in the courts and before the Commerce Commission. He works closely with special counsel Alicia Murray, who is on the board of the New Zealand Competition Law and Policy Institute. The practice frequently handles the local law aspects of international mergers and acquisitions, and it recently advised facilities management company OCS on a cross-border corporate disposal.

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Dispute resolution

Within: Dispute resolution

DLA Piper New Zealand 'understands our business and meets or exceeds our expectations', remarks a client. The firm provides 'a high level service due to its professionalism and expertise' in specialist areas such as insurance, as well as in general commercial litigation. The key partner in Auckland is Iain Thain, of whom one clients says, 'he is one of the best litigators in New Zealand - equal to, or better than, any in this area'. He counts Foodstuffs South Island and Foodstuffs North Island among his clients. He recently worked with insurance partner Caroline Laband to advise Tower Insurance and Insurance Australia Group in a High Court matter that raised questions about the transfer of policies to new owners of damaged properties. Special counsel Alicia Murray is also recommended, having advised China Construction Bank in a dispute over a performance bond. Adam Holloway left to join Wotton + Kearney.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

Legal Developments in New Zealand

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • The Tax Working Group’s Interim Report - A capital gains tax for New Zealand?

    ​​​​​​The Tax Working Group has released its Interim Report on the Future of Tax. Amongst a number of other matters, the Interim Report describes two alternative methods for the implementation of a capital gains tax in New Zealand, which will be the subject of further consideration over the coming months. 
  • Privilege in regulatory investigations: UK Court of Appeal supports a broad approach

    Last week, the UK Court of Appeal released its much-anticipated judgment in ENRC v SFO[1], a decision with significant implications for the scope of legal professional privilege in the context of regulatory investigations.
  • Overseas Investment - review announced just as new regime comes into force

    Just days before amendments to New Zealand’s overseas investment regime take effect, the government has announced its intention to undertake a further review of the legislation.
  • New NZX Listing Rules in force from 1 January 2019

    NZX today published the final version of its updated listing rules. These new rules will take effect on 1 January 2019, subject to a six-month transition period.
  • Trans-Pacific Partnership trade benefits are coming

    Following several years of negotiations, and after the high-profile collapse of the original Trans-Pacific Partnership ( TPP ) in 2017, the renamed “Comprehensive and Progressive Trans-Pacific Partnership” ( CPTPP ) has now met the required number of ratifications to come into force. This is due to occur on 30 December 2018. This will offer New Zealand businesses a range of opportunities they should plan for, including reduced tariffs on a number of key exports.​
  • CPTPP Agreement sparks further legislative change

    The Government has introduced further amendments to the Overseas Investment Regulations 2005 (the Regulations ) to ensure New Zealand complies with its obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the CPTPP Agreement ) and various other international agreements New Zealand is a party to.
  • What is the latest in privacy law reform?

    The Overseas Investment Amendment Bill (the Bill) was passed yesterday after its third and final reading. It is likely to receive Royal assent this month. Once that occurs, the provisions of the Bill that limit the ability of overseas persons to purchase residential property in New Zealand and the changes in the regime governing overseas investments in forestry will officially become part of the Overseas Investment Act (the Act).
  • Residential land amendments mark new era in New Zealand’s overseas investment regime

    ​​​​​​The Overseas Investment Amendment Bill (the Bill) was passed yesterday after its third and final reading. It is likely to receive Royal assent this month. Once that occurs, the provisions of the Bill that limit the ability of overseas persons to purchase residential property in New Zealand and the changes in the regime governing overseas investments in forestry will officially become part of the Overseas Investment Act (the Act).
  • A fresh look at the recoverability of takeover expenses

    The High Court has revisited the recoverability of a target company's expenses for the first time in more than 45 years. The case has important implications for future reimbursement disputes.
  • Insurance contract law reform back on the agenda for 2018

    The Government announced on 6 March that it is undertaking a review of New Zealand's insurance contract law, and has released a terms of reference for the review here ​​.