TMT in New Zealand

Bell Gully

Bell Gully‘s TMT practice has an impressive track record advising governments and public bodies on nationally significant technology deals. Recent examples include working with the Department of Corrections on its cutting-edge Managed Cellular Communications agreements with Spark (and TeCore of the US) for the jamming of mobile phone communications in prisons. It also demonstrates skill in corporate matters, virtual reality and new technologies and advising on procurement and contractual arrangements. In Wellington, head of IT Dean Oppenhuis and special counsel Susannah Shaw advised New Zealand-based global mobile app vendor Plexure Group on its agreement with US burger chain White Castle to use Plexure’s platform for mobile engagement with loyalty programmes. Auckland-based litigator Tania Goatley is growing the media practice. Alan Rigwood retired from partnership.

Practice head(s):

Dean Oppenhuis; Tania Goatley

Other key lawyers:

Susannah Shaw

Testimonials

‘Key strength is breadth of experience at the intersection of commercial and technology. Generally consistent high quality across the team.’

‘Dean Oppenhuis great on strategic perspective. ‘

Key clients

Vodafone

Xero

Rocketlab

Google

Apple

Facebook

Amazon

LinkedIn

Tik Tok

Lightspeed POS

Bentley Systems

Taxicharge New Zealand

Lely

New Zealand Guardian Trust

Work highlights

  • Advises NZME., the media entity in New Zealand, on all aspects of media law, including vetting stories and articles, complaints; defending defamation and other claims, opposing court suppression orders, and copyright and other intellectual property issues.
  • Advising the Ministry of Foreign Affairs and Trade on its preparations, including procurement of virtual meeting software, privacy aspects and sponsorship arrangements, for New Zealand’s hosting of the Asia Pacific Economic Cooperation meeting in 2021.
  • Advised Lightspeed POS, the leading NYSE-listed provider of cloud-based, omnichannel commerce platforms, on its proposed acquisition of Vend Limited, for US$350m.

Buddle Findlay

Buddle Findlay’s market leading TMT practice is recognised for its involvement in IT procurement and implementation, alongside demonstrable skills in cybersecurity and data privacy risk, compliance and matters in the media and entertainment space. Amy Ryburn’s team in Wellington, which include Renee Stiles and special counsel Damien Steel-Baker, has a good track record in government sector IT contracting, having advised the Department of Internal Affairs on the negotiation of its framework agreement with Microsoft, and ongoing contracting support for all government agencies. In Auckland, ‘stand out performerPhilip Wood’s media practice is ‘second to none’ in relation to transactional, contractual and contentious issues, with commercial partner Allan Yeoman specialising in the early stage and high-growth technology space. Senior associate Keri Johansson is also of note for media law.

Practice head(s):

Allan YeomanAmy Ryburn

Testimonials

‘They have an ability to work seamlessly with the business and provide pragmatic commercial advice.’

‘Buddle Findlay are exceptionally responsive to our needs and focus on building strong relationships. We are confident and feel reassured knowing that we are working with the most experienced legal team for TMT in the country.’

‘For TMT, we mainly use Amy Ryburn and Damien Steel-Baker. Amy is very experienced commercial practitioner. She is very well-organised and a good, responsive relationship partner. She provides valuable strategic advice and guidance on a range of commercial and contractual issues Damien is extremely strong in technology areas, including in understanding and explaining complex issues and also has extensive experience in broader commercial/corporate areas.’

‘Philip Wood who is senior partner works on all our legal requirements and has and continue to provide excellent top class service second to none.’

‘Philip Wood is a standout performer for us with Buddle Findlay. He has served us well in all contract negotiations and best practice on legal matters. Philip is strategic in his approach when advising or putting together agreements that are relevant for our different stakeholders, taking into account their public sector and/or private sector status. ‘

Key clients

Sky Television

Bank of New Zealand

Vodafone New Zealand

Imagination Television

The New Zealand Customs Service

Department of Internal Affairs

Ministry of Business, Innovation and Employment

Waka Kotahi NZ Transport Agency

Vend

Auckland Council

Work highlights

  • Advised Sky Television on customer-facing and content matters in relation to the merger of its Neon video-on-demand service, with the Lightbox video-on-demand service, which it acquired from Spark.
  • Advised Sinead Boucher (CEO of Stuff Limited) and her investment vehicle on the management buyout of the Stuff business, the largest media platform and information provider in New Zealand.
  • Advised New Zealand Post in relation to its procurement of new parcel sortation equipment and related software.

Hudson Gavin Martin

Hudson Gavin Martin is a leading full-service Auckland-based TMT focused practice boasting an extensive portfolio of local and multinational corporations, SMEs and startups. Simon Martin works across the entire TMT spectrum, with a particular distinction in corporate transactions, commercialisation and protection of technology, media and data. ‘Leading TMT and IT lawyer’ Edwin Lim has over 20 years’ experience handling technology transactions on behalf of start-ups, established companies and in the emerging technology space. Anchali Anandanayagam is recognised for her expertise in subsea and terrestrial telecommunications cable infrastructure. Fintech and data protection expert Andrew Dentice who is ‘at the forefront of developments in IT‘, is of note, as is litigator Tim Mahood.

Testimonials

‘HGM is strong in their telecom industry expertise. More importantly, HGM is unique in its enthusiasm for serving and educating the client. The firm assisted this client with legal compliance in expanding its communications network to Auckland, New Zealand.’

‘Andrew Dentice is a standout commercial and technology lawyer with exceptional market knowledge. Tim Mahood is able to provide IP advice (including patent advice) better than anyone else I’ve encountered in the market.’

‘Simon Martin and Anchali are both good lawyers but perhaps, more importantly, a safe and reliable pair of hands, always quick to respond and practical when there are timing or financial pressures.’

‘Anchali Anandanayagam has been remarkably responsive and is always available to answer questions. Her delegation of work to juniors always hits the right tone. Junior solicitors are introduced to the team and are provided learning opportunities on client matters in a way that is refreshingly inclusive and collaborative. Even the junior solicitors are now proactive in reaching out to the client for compliance and maintenance reminders. The whole operation is first class.’

‘Firm has a great knowledge of the TMT sector internationally and in New Zealand, and are great in combining that with a very sound multi-disciplinary legal approach.’

‘Edwin Lim as a leading TMT and IT lawyer in New Zealand has great sector knowledge and very sound judgement on matters involving complex business and legal issues.’

‘Andrew Dentice is at the forefront of developments in IT, and well across cutting edge initiatives in New Zealand and internationally. He is a go-to person for advice on structuring new products and changes to law to meet new needs.’

Key clients

Vodafone New Zealand

Foodstuffs

Auckland Transport

Bank of New Zealand

Cogent

Didi

Xero

Delta Insurance

Deloitte New Zealand

Vector

2 Degrees

Sky TV

Internet NZ

Work highlights

  • Advised Cogent on the telecoms regulatory landscape in New Zealand, and on the other operational requirements.
  • Assisted the Access Group (through instructing law firm Harmos Horton Lusk), with its acquisition of all of the shares in Unleashed Software, a New Zealand headquartered organisation offering best practice inventory management software.
  • Assisted Didi Mobility with the establishment of its New Zealand business.

MinterEllisonRuddWatts

MinterEllisonRuddWatts operates across the full spectrum of TMT, with notable sector expertise in media, energy and utilities, public sector, healthcare and financial services. Tom Maasland spearheads the team and is a key figure for major technology procurement and transformation mandates. His recent work includes assisting Soul Machines, a world-leader in AI innovation on all aspects of establishing a relationship with the World Health Organisation, and in particular the creation and ‘go-live’ of Florence, an AI ‘digital health worker’. Also of note are Jane Parker and Sonya Forbes for contractual and procurement arrangements, cloud-based services and licensing; Ross Patterson for telecoms regulation and competition matters;  John McCay for his expertise in media and entertainment; and senior associate Kate Cruickshank

Practice head(s):

Tom Maasland

Testimonials

‘The TMT practice is the last “real” TMT practice in N.Z – there is not other law firm we would trust for advice.’

‘Jane Parker and her team are exceptional. They know what they are doing, and are true experts in a continually changing environment. Many other law firms say they do IT, but they do not really understand the industry and how it is dynamically changing.’

‘Extremely client focused – very approachable, avoids legalese, pitches information at the right level for commercial teams. Jane Parker is keen to understand the full nature of the transaction at the start, which then helps avoid commercial misunderstandings between the parties later down the track. Jane is also able to see the transaction from both sides, and aims to create solutions that work for both parties (and ultimately the project as a whole).’

‘On the whole, Minters does a good job of leveraging previous work in order to help assist with an expedient pathway forward. The quality of advice is generally very high and in our experience, Minters provides advice that represents good value for money.’

‘Kate Cruickshank is a very capable and pragmatic lawyer, her assistance was extremely valuable to our business. Kate was a strong legal resource during the negotiation and drafting process, but also provided a strong commercial voice/sounding board during this process. ‘

Key clients

Greater Wellington Regional Council

Kiwibank

MediaWorks

Watercare Services

Ultrafast Fibre Limited

Westpac New Zealand

Generate Investment Management

Soul Machines

The Warehouse

Auckland University of Technology

Work highlights

  • Advising Project NEXT on the procurement of a national ticketing solution to enable and process payments for journeys on public transport in New Zealand.
  • Advised MediaWorks Holdings Limited, New Zealand’s largest independent commercial broadcaster, on the sale of MediaWorks TV Limited to Discovery, Inc.
  • Advised the New Zealand Government on funding screen productions being filmed in New Zealand, including Amazon Studios Lord of the Rings television series.

Russell McVeagh

Russell McVeagh has ‘expertise across all practice areas and with very experienced and capable lawyers‘, including in the growing areas of privacy and data protection and cyber security. Specific sector expertise includes the public sector, financial services, media and emerging technology. Mei Fern Johnson and Liz Blythe co-head the group from Wellington and Auckland, respectively, where they advise on a broad mix of development, procurement, outsourcing and commercialisation issues. Joe Edwards focuses on data protection, commercial litigation, IT disputes and defamation cases, and special counsel Louise Taylor specialises in technology contracts and projects.

Other key lawyers:

Louise Taylor

Testimonials

‘Russell McVeagh is a top tier full-service NZ law firm with expertise across all practice areas and with very experienced and capable lawyers. The Technology team has expertise across the broad range of areas that we have sought their advice on, including cloud services, intellectual property rights, software implementation, privacy, and cyber security. Their fees are very reasonable considering their depth of knowledge, the quality of their advice and their focus on minimising risk to their client while still getting the deal done in a commercial and pragmatic manner. ‘

‘Liz Blythe has expertise across the technology practice area. She is a confident and effective negotiator and can clearly and persuasively articulate her client’s requirements. Liz demonstrates an excellent understanding of the technology and how it operates, she knows the commercial drivers and the risks that need to be mitigated. She is always able to draw on her experience to offer reasonable and practical solutions to resolve outstanding points during contract negotiations.

‘This team is extremely experienced and have supported key TMT clients for many years. They are relied upon very heavily by one of NZ’s largest TMT businesses, and play a key role in its success.’

Key clients

Fonterra Co-operative Group Limited

Westpac New Zealand Limited

Kiwibank Limited

Trustpower Limited

Fidelity Life Assurance Company Limited

Auckland International Airport Limited

Spark New Zealand Limited

Earthquake Commission

New Zealand Police

Work highlights

  • Advised on all aspects of Fonterra Co-operative Group Ltd’s IT infrastructure outsourcing to HCL across more than 27 countries globally.
  • Assisting the New Zealand Government with the establishment and roll-out of satellite technology that will be able to pinpoint a location on Earth to within 10 cm.
  • Advised National Australia Bank on all IT aspects in connection with its sale of Bank of New Zealand’s life insurance business to Partners Life for $290m.

Anderson Lloyd

Anderson Lloyd’s Derek Roth-Biester has over 20 years’ expertise in IT procurement, outsourcing and the delivery of complex IT projects; he also works with early-stage technology companies on raising capital and on the development, protection and commercialisation of their technology. Senior associate Megan Pierce advices on licensing, implementation, supply and acquisition of various technology offerings. The firm has partnered with Ngāi Tahu (one of the main Māori tribes) to deliver a cultural and linguistic development programme focused on Māori culture.

Practice head(s):

Derek Roth-Biester

Other key lawyers:

Megan Pearce

Testimonials

‘The team have good experience around technology companies, start ups and the associated capital raising and legals associated with them.’

‘I have used Anderson Lloyd for New Zealand-based matters and have found their team to be responsive to my requests. The advice I’ve received can be relied upon and does not require additional oversight from myself.’

‘They have a solid team here in Queenstown with a wide range of expertise. They have also used other branches to assist in specific areas of work that was needed.  AL has also been happy to answer any brief questions I may have had, with Derek particular being happy for me to call him at any given time, always followed by advice/recommendations I can only describe as perfect so far.’

‘Derek Roth – Biester (Partner) has been my main POC throughout my time working with AL. From what I have found, his strengths are his broad knowledge of work needed when developing a start-up business, particularly Saas businesses. A quality that has not only been impressive but integral in the development of my business.’

Key clients

Silver Fern Farms Limited

Christchurch City Council

Silverlight Studios Limited

Avertana Limited

The shareholders of Soltians Limited

Comet Licensing Limited

Agility CIS Limited

M2M One NZ Limited

Mitre 10 (New Zealand) Limited

NetComm Wireless (NZ) Limited

Les Mills Holdings Limited

Work highlights

  • Advised Silver Fern Farms on its multivendor vendor procurement of a cloud-based human capital management solution.
  • Advised Christchurch City Council on the reinstatement and replacement of its existing master services agreement with Spark New Zealand.
  • Advising Silverlight Studios on the corporate, IP, property and fast-track resource consent aspects of its proposed multi-million dollar film production facility to be established in Wanaka, Otago.

Chapman Tripp

Clients seek Chapman Tripp's advise across the entire TMT spectrum including major transformation projects, cloud migration, data and privacy, mobility, the Internet of Things, smart infrastructure and automation, fintech and artificial intelligence.

Practice head(s):

Tim Sherman;  Kelly McFadzien

Dentons Kensington Swan

Dentons Kensington Swan utilises its global network to assist foreign clients in their technology operations in New Zealand; it is also a good choice for IT companies and start-ups for corporate mandates, public and private sector procurement and e-commerce matters. Its client list also features mobile app companies, gaming developers, banks and multinational internet service providers. Auckland-based Hayley Miller who is an expert on software development and the launch of SaaS offerings, commercialisation of new technology and telecoms regulations, leads the team. Wellington-based Charlotte Henley‘s practice maintains an IP angle and on legal issues relating to bringing products to market. Senior associate Campbell Featherstone is ‘one to watch‘ and works with Henley on data protection issues and procurement, with emphasis on the healthcare sector.

Other key lawyers:

Charlotte Henley

Testimonials

‘Responsive and knowledgeable.’

‘Campbell Featherstone is one to watch.’

Key clients

Airbnb

Tourism New Zealand

Amazon

ASB Bank Limited

Lime Technology Limited

nib nz Limited

Snapper Services Limited

ANZ Bank New Zealand Limited

Order of St John

Work highlights

  • Acting for the Order of St John, provider of emergency ambulance services to over 90% of New Zealanders, on its purchase and deployment of over 2,000 Honeywell RT10A tablet devices and the provision of managed support services through Honeywell’s lead in-country partner, Lexel Systems Limited.
  • Acted for Wellington City Council on its outsourcing of a digital archiving solution arrangement to Fuji Xerox, under which Fuji Xerox will deliver archiving and digitisation services in respect of the Wellington City archives.
  • Acting for the New Zealand subsidiary of a multinational electric scooter and e-bike company, Lime Technology, on the New Zealand aspects of Lime’s purchase of Uber’s “Jump” business globally.

Simpson Grierson

Simpson Griersondelivers excellent, commercially sound advice with profound sector knowledge’. The firm is a key advisor on major IT and telecoms projects, including outsourcing, procurement and network development. Regulatory work and assistance in technology aspects of national transport and infrastructure projects are the other areas of strength. Karen Ngan is an authority in privacy, data protection and procurement, while Michael Sage and Simon Vannini specialise in commercial transactions, major customer contracts, fibre leasing/IRU contracts and broadband network establishment.  As head of litigation, Jania Baigent routinely represents clients in disputes involving protection of private or confidential information, defamation and advises on online content liability and other corporate reputation issues. All figures mentioned above are based in Auckland.

Other key lawyers:

Simon Vannini

Testimonials

‘The team is responsive, commercial and clear in communication. They are my go to firm in New Zealand as I can always trust them to look after clients. They operate as an extension of our team which is pretty impressive as they are not an affiliated firm. They always meet deadlines and have frequently been accessible for urgent requests. They also keep to budgets.’

‘Karen Ngan is superb. She ensures her team provides quality advice delivered in the way the client wants.’

‘The firm delivers excellent, commercially sound advice. They have profound sector knowledge.’

‘Karen Ngan is an expert in telecommunications law with a high degree of expertise.’

Key clients

Alliance Group Limited

Alpine Energy Ltd

Amazon Web Services

ASB

Bandwidth Inc

Christchurch City Council

Compass Communications Limited

CyberCX

Dense Air New Zealand Limited

Fiji National Provident Fund

Work highlights

  • Advised Fiji National Provident Fund on an IT infrastructure revamp project, comprising a network and security solution; a data centre, storage and security solution; and a backup and recovery solution.
  • Advised Porirua City Council on its procurement of Datascape, Datacom’s new cloud-based suite of council and community applications.
  • Advised on the New Zealand aspects of the telecommunications regulatory due diligence review for Bandwidth’s acquisition of Voxbone S.A.

DLA Piper New Zealand

Nick Valentine leads DLA Piper New Zealand’s TMT practice which supports public and private sector entities on large-scale business process and IT outsourcing, M&A and commercial agreements, telecoms and infrastructure rollouts. Senior associate Edward Eisdell-Moore joined from Simpson Grierson in May 2021, further expanding the teams’ expertise in IP commercialisation, licencing and data protection. Eisdell-Moore also regularly advises start-up and growth companies on commercial arrangements, as well as assisting foreign corporations with their plans to expand into New Zealand. The firm has an extensive portfolio of clients in the sports, media and fintech sectors.

Practice head(s):

Nick Valentine

Other key lawyers:

Edward Eisdell-Moore

Testimonials

‘The DLA TMT team/offering is led by Nick Valentine who is an up and coming / Next Generation TMT lawyer in NZ. He has strong experience from Australia and has a deep understanding of current law and the latest innovations and trends in the Legal space in this area. He is easy to deal with, responsive, commercial and keen to understand a client’s needs. Nick is also developing a strong team of capable Associates under him.’

‘Great team to work with, outcome focused partners. Amazing collaboration and take the time to really understand our needs before providing solutions.’

Key clients

Accel-KKR

Spark

Westpac

HSBC

Foodstuffs North Island

Auckland Council

Heartland Bank

Work highlights

  • Advised Accel-KKR on the sale of Seequent Holdings Limited to Bentley Systems, Incorporated for approx. NZ$1.46bn.
  • Advised Partners Life on the procurement and implementation of a new cloud-based claims management system from Irish insurance SaaS provider FINEOS Corporation.
  • Advised Discovery, Inc. on its acquisition of all of the shares in MediaWorks TV Limited from MediaWorks Holdings Limited.

Duncan Cotterill

Duncan Cotterill primarily works with technology companies in negotiating commercial agreements and contracts, and advising on privacy, procurement, and regulatory compliance matters. The team is increasingly instructed on cloud service and Saas arrangements, as well as the impact of new privacy law on cybersecurity measures and policies. Michael Moyes‘ diverse practice spans a range of industries, with notable strengths in software development, tech procurement and large project. Christchurch-based senior associate Peter Fernando is noted for software implementations and outsourcing projects, software licensing and privacy matters. Also in Christchurch, corporate partner Mark Cathro advises clients on supply and distribution arrangements, outsourcing and technology and biotech issues.

Practice head(s):

Michael Moyes; Mark Cathro

Other key lawyers:

Peter Fernando

Testimonials

The team at Duncan Cotterill provide not only fast pace advice and work, but also highly skilled and thoughtfully tailored to our business’s individual needs.’

I’ve found that this firm focuses on the best fit for the job rather than necessarily allocating work to a particular office because it happens to be in the same city as the client. This has meant that we know that we’re getting the best people to perform the work. This works particularly well in this new COVID world where working remotely has become a standard feature rather than an exception.’

Duncan Cotterill provides quality, thorough and well-considered advice in a timely manner. From commercial law through to technology, privacy and data protection the practice provides us with expert advice relating to various complex and challenging issues.’

The team provides a unique service to help organisations negotiate commercial contracts for IT software implementations using Software as a Service, particularly dealing with large global software companies.’

Michael Moyes is a very strong performer in TMT.’

Peter Fernando is fantastic and always a pleasure to work with. He is responsive, innovative, focused on the outcome.’

Peter Fernando provided exceptionally thorough advice and we always felt assured that he had assessed each situation expertly and taken the time to construct contracts that we have benefitted from in a process sense long after signing.’

Peter Fernando has a deep commercial understanding of complexities and tensions present and required in order to negotiate major IT contracts. Great attention to detail whilst maintaining a level of pragmatism and respect for the time-lines and individuals involved.’

Key clients

Logitech

Datacom

Ministry of Business, Innovation and Employment

Statistics New Zealand

Blind Squirrel Entertainment, Inc.

Institute of Geological and Nuclear Science

CL&AG Limited

First Security Guard Services

Panasonic New Zealand No

Ōkupu Ki Tua Limited Yes

Massey University

Work highlights

  • Advised Ōkupu Ki Tua Limited on the revolutionary software-as-a-service translation service, offering translation from English language to New Zealand’s native language, Māori.
  • Support Ministry of Business, Innovation & Employment on all aspects of its continuous enhancement to the Emergency Caller Location Information service that enables emergency service providers to automatically locate mobile callers to New Zealand’s emergency response number.
  • Advised US based games developer, Blind Squirrel Entertainment, Inc to establish a New Zealand subsidiary, to undertake game development and provide services to the US parent company.

Webb Henderson

Newly promoted partner Jordan Cox is the lead figure in Webb Henderson’s Auckland office. Working alongside colleagues in the primary Sydney office, telecoms specialist Cox assists with development and supply of wholesale broadband services, commercial and regulatory matters.

Other key lawyers:

Jordan Cox

Key clients

Spark

NBN, entity building the National Broadband Network in Australia

Avaroa Cable Limited

Kacific

Starlink

MATTR

Work highlights

  • Acted for nbn, the entity building out Australia’s national broadband network, in relation to the negotiation of the fourth iteration of nbn’s Wholesale Broadband Agreement with retail service providers.
  • Advised Spark New Zealand on its acquisition of international cricket rights and its production agreements for sports broadcasting.
  • Advised Starlink on the launch of its supply of next generation satellite broadband services to users in New Zealand and Australia.

Wilson Harle

Though primarily known as a litigation specialist, Wilson Harle is developing a good commercial and regulatory TMT practice, which is led by Allison Ferguson and Felicity Monteiro. Vodafone New Zealand is a key client, generating the bulk of contentious mandates for the firm.

Testimonials

‘Wilson Harle is a leading litigation firm who are in the same rank or better as the litigation departments in the top-5 major National law firms.’

‘Allison Ferguson is a top TMT litigation partner. She is efficient, smart and has exceptional knowledge of the law and industry practice, and has a strong network.’

Key clients

Vodafone New Zealand Limited

Work highlights

  • Representing Vodafone New Zealand in prosecution proceedings by the Commerce Commission relating to the advertising of certain broadband products.