Firm Profile > Bell Gully > Auckland, New Zealand
Bell Gully Offices
LEVEL 21, VERO CENTRE, 48 SHORTLAND STREET
PO BOX 4199
AUCKLAND 1140
New Zealand
Bell Gully > The Legal 500 Rankings
Banking and finance Tier 1
Recognised for its 'extremely high quality banking and finance expertise' Bell Gully's market-leading practice is spearheaded by David Craig (based in Wellington) and continues to be sought after for its expertise in acquisition funding, and on-going demand for New Zealand dollar-denominated debt by offshore issuers, advisory work and securitisations. Auckland based Murray King is considered a leader in the securitisation market, and David McPherson is trusted counsel for lenders and borrowers on high-value acquisition and debt restructurings. Leading New Zealand's only specialist derivatives practice, Craig advised ASX-listed Xero on the New Zealand elements of its US$700m Convertible Note issue, with such notes listed on the Singapore Stock Exchange and used to buy back Xero’s existing US$300m guaranteed convertible notes due in 2023 and to pay for potential acquisitions. Jennifer Gunser and senior associates Sam Dykes and Zac Kedgley-Foot are the other central figures in the team.Practice head(s):
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Testimonials
‘The BG Banking & Finance team have extremely high quality banking and finance expertise. They couple this knowledge with efficient and timely turn arounds on all key requests and engage proactively to ensure they understand and provide advice and solutions with a long term focus. ‘
‘David Craig has supported us from inception with our banking & finance legal requirements. Extremely experienced and knowledgeable of the industry and our company specific legal considerations with regard to our banking & finance structures.’
‘Zac Kedgley-Foot has provided high quality support as we’ve worked through structuring issues on our debt facilities, providing commercial & sound advice to achieve successful outcomes and ensuring things are turned around as efficiently as possible.’
Key clients
Air New Zealand
ANZ Bank New Zealand
Bank of New Zealand
Commonwealth Bank of Australia (including ASB Bank)
Fletcher Building Limited
JP Morgan
Deutsche Bank
Reserve Bank of New Zealand
The New Zealand Treasury
Competition law Tier 1
The competition practice at Bell Gully is 'one of the handful of pure competition law teams in the country which means they have the best gauge of the regulator's pulse' and are engaged in a large number of multijurisdictional mergers raising New Zealand issues, various cartel matters and restrictive trade practices investigations. The practice actively assists clients with broader regulatory and compliance issues, such as the latest amendments to make cartel conduct a criminal offence which came into force in April, and potential changes to the law around the misuse of market power. Practice head Torrin Crowther led a team which included senior associate Penny Pasley, in advising Elanco Animal Health Incorporated on its agreement with Bayer AG to acquire its animal health business in a transaction worth US$6.9 bn. Glenn Shewan advises major blue-chip clients such as Mylan and B.P on regulatory and legislative policies, cartel investigations, misuse of market power issues and major M&A transactions. On the contentious side, Simon Ladd and Jenny Stevens are top defence counsel for cartel proceedings and Commerce Commission investigations. All individuals are based in Auckland.Practice head(s):
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Testimonials
‘One of the handful of pure competition law teams in the country which means they have the best gauge of the regulator’s pulse.’
‘Torrin Crowther is the best competition lawyer in the country both technically but more importantly in terms of pragmatism and providing easily understood advice at all levels of a client’s organisation.’
‘Torrin has a unique ability to assess the particular pressures that face our business. His in-depth understanding of both the economic realities of our business and operations and how these might be considered in any particular assessment made by the Commerce Commission is invaluable.’
Key clients
Fletcher Building
BP
Vodafone
Air New Zealand
Elanco Animal Health
Mylan N.V.
Goodman Fielder
ANZ
Corporate and M&A Tier 1
'Knowledgeable and user friendly' Bell Gully is a well established New Zealand commercial practice which is noted for its handling of high value M&A, demergers and joint ventures in the energy, finance, consumer goods and construction sectors. James Cooney advised BGH Capital and Ontario Teachers' Pension Plan Board on their NZ$136 million takeover of NZX-listed Abano Healthcare Group by way of scheme of arrangement, while Dean Alderton advised Asahi Beverages on the acquisition of Allpress Espresso, a premium New Zealand coffee brand. Capital markets, private equity and corporate governance are also significant areas of work. Anna Buchly advises the firms' private equity clients on their investment in New Zealand. She worked alongside James Gibson on EQT’s first investment into Oceania, by way of it acquisition by a scheme of arrangement of NZX listed Metlifecare, by EQT's Infrastructure IV Fund. All individuals are based in Auckland. In Wellington, names to note are oil and gas lawyer David Coull and firm deputy chair, Amon Nunns , for corporate acquisitions.Practice head(s):
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Testimonials
‘Well established NZ practise. Strong oil and gas expertise. Knowledgeable, user friendly and always delivers.’
‘David Coull is a recognized expert in upstream oil and gas legal matters in NZ. He is smart, quick to adapt but is very good at clearly articulating the key principles of any deal/issue. very responsive and thorough.’
Key clients
Vodafone Group Plc
Apax Partners LLP
Fletcher Building Limited
Resolution Life Group Holdings Limited
Westland Co-operative Dairy Company Limited
Hawke’s Bay Regional Council and Port of Napier Limited
Nippon Paper Industries Co., Ltd
Skycity Entertainment Group
Rugbypass
GWA Group Limited
Investore Property Limited
Synlait Milk Limited
Dispute resolution Tier 1
Bell Gully's dispute resolution practice maintains a top-tier rank owing to its breadth of experience appearing as senior counsel at trial and on appeal at all levels of the New Zealand court system, with particular prominence in commercial and corporate disputes, insurance, public law disputes, Maori law, and a growing white collar crime practice. The practice has added considerable talent and cross-border expertise to its litigation team with the hire of six new senior associates, many of whom were recruited from London offices of international firms, in addition to the partnership promotion of Kirsty Dobbs and Blair Keown. Simon Ladd and Keown successfully defended Genesis Energy in High Court proceedings concerning novel claims of its alleged responsibility for greenhouse gas emissions. Practice head David Friar continues to act for The Fletcher Construction Company in relation substantial insurance claims regarding responsibility for fire damage that began at the New Zealand International Conference Centre in late 2019. Sophie East is often seen leading complex commercial, banking and finance disputes and arbitrations. Often supported by senior associate Richard Massey, clients praise say the duo 'make a great team and provide clear and pragmatic advice.' Tim Fitzgerald has a strong insolvency, regulatory investigation and proceeding practice, while Jesse Wilson is of note for company law and construction disputes. All named individuals are based in Auckland. In Wellington, Jenny Stevens has a busy litigious competition law practice, which is complemented by Dobbs' experience in oil and gas, health law and judicial reviews.Practice head(s):
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Testimonials
‘Sophie East, Partner, is calm and directive. She has the ability to look outside the square when problem solving.’
‘Richard Massey, Senior Associate, writes clearly and concisely. He has the ability to digest complicated matters quickly to help problem solve.’
‘Sophie East and Richard Massey make a great team. They provide clear and pragmatic advice. They divide and conquer as necessary so that we can keep a lid on expenses.’
‘The Bell Gully team are extremely competent and hard working. Their availability is exceptional, and they respond in a timely fashion and provide clear guidance.’
‘Standout partners: David Friar and Tim Fitzgerald. Both provide excellent advice regarding merits of disputes and strong tactical advice how to navigate disputes. Both have also got us out of ambiguous situations – David by making an exceptional case around taking a modern interpretation to antiquated legislation, and Tim in systematically demolishing a suppliers usurious and opportunistic claim against us. ‘
‘I always value Bell Gully’s advice as being honest and their commercial view of the likelihood of success and options to improve our bargaining position. I see them more than solicitors, they are trusted advisers.’
Key clients
Air New Zealand
ANZ Bank New Zealand
ASB Bank
Commerce Commission
Downer Construction Ltd
Frucor Beverages Ltd
Genesis Energy Ltd
KordaMentha
Millennium & Copthorne Hotel Group
Ngai Tahu
PwC
Royal Australasian College of Physicians
Southern Response Earthquake Services Ltd
Suncorp Group
The Fletcher Construction Company Ltd
Vodafone New Zealand Ltd
Waka Kotahi NZ Transport Agency
Winc Australia Pty Ltd
Insurance Tier 1
Bell Gully‘s ‘strategically minded and careful nuanced approach‘ has helped solidify its strong market position and activity in high-profile M&A transactions and cutting-edge insurance cases, for example, advising on the AU$3.0 billion acquisition of AMP’s life insurance and related businesses by Resolution Life. It has also worked with the Insurance Council of New Zealand and the insurers on a landmark natural disaster response model agreement with the Earthquake Commission. The practice undertakes a substantial amount of insurance claims work, acting for Southern Response, Vero, AMP Life and Southern Cross in complex court cases. Litigators David Friar and Simon Ladd are the key figures for significant corporate claims, are are supported by Glenn Joblin on transactional matters and regulatory compliance. All individuals are based in Auckland.Practice head(s):
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Testimonials
‘Bell Gully are very strategically minded and have a careful nuanced approach that is designed to try to engage the other side, to try and help them understand the issues as much as we do, so that a negotiated outcome is possible.’
‘Simon Ladd is very measured, yet confident. When he articulates a position it is thoughtful and his views are well respected. He is always keen to seek non-litigation solutions, while still maintaining all options for his client.’
‘Large multi-disciplined firm with high capability. Each partner has their particular area of expertise which is readily available to all clients.’
‘Simon Ladd – Partner. Experienced litigator and highly strategic. Excellent communicator and always available.’
Key clients
AIA New Zealand Limited
AMP Life Limited and Resolution Life Group Holdings Limited
Aon plc
Cigna Corporation
IAG New Zealand Limited
Insurance Council of New Zealand
Medical Assurance Society NZ Limited
Southern Cross Medical Care Society
Southern Response Earthquake Services Limited
Tower Limited
Vero Insurance New Zealand Limited
Labour and employment Tier 1
Bell Gully’s team ‘is highly knowledgeable and able to provide advice in a balanced way that includes elements of risk management and commercial considerations’. The sizeable practice has expanded its corporate employment advisory and litigious offering with the arrival of experienced senior associates Sarah McFetridge in Auckland and in Wellington, Andrea Pazin, who lends her expertise acting for overseas clients and those operating within the education sector. The practice is regarded for its handling restructuring and redundancy issues as well as industrial relations engagements, and health and safety matters. Key names in Auckland include practice head and litigator Tim Clarke, who is active on health and safety prosecutions and compliance issues, and Liz Coats, who ‘has a fantastic approach’ in relation to supporting corporate transactions, industrial relations and dispute settlement. Rosemary Wooders goes ‘above and beyond to make the law accessible’. Rachael Brown is the main contact in Wellington.Practice head(s):
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Testimonials
‘The team is highly knowledgeable and able to provide advice in a balanced way that includes elements of risk management and commercial considerations.’
‘Liz Coats – has a fantastic approach and always provides a view to assist with our decision making.’
‘Rosemary Wooders goes above and beyond to make the law accessible. She always has time to explain concepts which enables you to build your knowledge. As well as providing legal advice to my company Rosemary has taken the time mentor me in my legal studies. This shows not only a commitment to providing quality legal advice but also to supporting the profession by building future legal capabilities.’
‘Provides knowledgeable and definitive advice. Responds promptly to queries – has a pragmatic approach to solving problems and proposing solutions.’
‘Tim Clarke and his team provide excellent advice and it is a pleaseure working with them.’
‘Rachael Brown was outstanding. Her astuteness, approachability and quiet humour, combined with her expertise and wisdom, made a somewhat tortuous situation navigable.’
Key clients
Te Pūkenga – New Zealand Institute of Skills and Technology
Ministry of Education
Rocket Lab
Department of Corrections
New Zealand Thoroughbred Racing
Todd Corporation
Projects and resources management (including environment) Tier 1
Bell Gully 'always provides exceptional service and appropriate levels of expertise'. The firm has a deep bench of talent across all areas of resource management, projects and environmental law, and it consistently acts for central government, local government and private sector clients in some of the most high-profile matters in the market. In Wellington, the 'pragmatic, commercially astute' Andrew Beatson leads on resource management, David Coull on energy and Hugh Kettle on infrastructure. Simon Watt advises on public sector procurement and senior associate Claire Harmsworth is also recommended. In Auckland, up-and-coming partner Natasha Garvan is a highly regarded environmental and resource management law specialist.
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Testimonials
‘Resource management and environmental law are significant elements in the work of Bell Gully’s Projects and Resource Management practice. The team always provides exceptional service and appropriate levels of expertise. My “go-to” team for planning and RM advice.’
‘Andy Beatson is pragmatic, commercially astute and extensively experienced. He is a standout practitioner in resource management and environmental matters. Great to have on the team!’
‘An exceptional team with an excellent ability to focus on the key issue and deliver a workable outcome.’
‘Andrew Beatson sees the big picture and dissects this down to what you need to achieve the result you are after.’
‘Natasha Garvan is extremely efficient and has an excellent manner in dealing with opponents.’
Key clients
Barton NZ Limited / The Barton Group
Contact Energy Limited
First Gas Limited
Meridian Energy Limited
New Zealand Oil & Gas Limited
Ofer Group
Trans-Tasman Resources Limited
Transpower New Zealand
Wellington Electricity Limited
Auckland Transport
Supporting Growth Alliance
City Rail Link Limited
CentrePort Limited
Hawke’s Bay Regional Council
Housing New Zealand (Kainga Ora)
Marlborough District Council
Meridian Energy Limited
Port Marlborough New Zealand Limited
Tainui Group Holdings
Transpower New Zealand Limited
Crown Infrastructure Partners
Department of Corrections
Housing New Zealand
Kāinga Ora – Homes and Communities
Ministry of Defence
Ministry of Education
Ministry of Housing and Urban Development
Te Waihanga – The New Zealand Infrastructure Commission
The Treasury
Real estate and construction Tier 1
Bell Gully has a deep bench of talent and is frequently involved in the largest real estate and construction projects in the market. Its recent work has seen the firm play central roles in nationally significant projects, including several city transformation projects and the development of significant Crown, public sector and local authority assets. Projects and real estate partner Andrew Petersen and construction partner Ian Becke in Auckland, along with construction specialist David Chisnall in Wellington, are the lead partners. Jane Holland, who specialises in commercial leasing and development projects and is now on the Executive Committee of the Property Council of New Zealand, and construction litigation partner Simon Ladd are also recommended in Auckland, as is newly promoted partner Toni Forrest in Wellington who is 'exceptionally commercially savvy and solutions-focused'.
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Testimonials
‘Jane Holland takes the time to engage well with the issues that the business is facing, practical in how she delegates the work throughout her team of very capable lawyers who each deliver great work, on time and on point.’
‘Bell Gully has supported the development and subsequent award of a major civil works contract. They provided current market thinking and risk apportionment considerations to the process and the outcome was to the highest standards.’
‘Ian Becke in particular is very down to earth and always provides advice that is easily understood and has real context to the project or subject matter that is being discussed.’
‘They are very specialised in this sector and have lots of experience. Based on their knowledge and experiences they give practical advice. Also they are consist of several particular groups which means that their advice is reliable in any circumstances. Partner Karl Anderson is our main contact.’
‘We have been working them for seven years. I think they are very professional and reliable lawyers. I have several good memories in which we had overcome situations. Apart from their skill and knowledge, they are good people. They understand what we need and what is our ultimate goal. I am pretty sure that I can introduce them to my friends as best lawyers in NZ.’
‘One of the best, leading legal firms in NZ. Their strongest points compared to other firms are deep legal expertise, covering all areas of the commercial, transactional and real estate fields. The partners are very strong individually.’
‘Ian Becke is a leading real estate partner with international experience and strong local real estate knowledge who is very commercial and highly client-focused.’
‘This team – particularly partner Toni Forrest – is particularly solutions-focused. The team is able to not only identify the issues and possible solutions to a problem but to go further to help us find a pathway through that issue in a way that mitigates risk and achieves our organisation’s objectives. The team has been working with our in-house team for less than two years and in my experience it is really rare to have a team so quickly understand our complex organisation’s objectives, risks and drivers in the way that Bell Gully has done.’
‘Toni Forrest is the definition of a trusted advisor. She is exceptionally commercially savvy, solutions-focused and extremely approachable. In a complex organisation like ours, we need advisors who can understand not only the legal and commercial risk the organisation faces, but also reputational and commercial risk. Toni does this effortlessly.’
‘The firm has very good property industrt knowledge that is provided to the client in a very practical and supportive manner.’
‘Its strength is in the relationship between the parties and the ability to “cut to the chase’ and deliver solutions and support without unnecessary rigmarole.’
Key clients
Auckland Transport
ANZ Bank
David Jones
Downer New Zealand Limited
Fletcher Building
Genesis Energy
Hawkes Bay Regional Council
Horizons Regional Council
Investec Property Limited
Invesco Real Estate
Kiwi Property Group
Owens Transport (Mainfreight)
New Zealand Infrastructure Commission – Te Waihanga
Ngāi Tahu Property
PAG Real Estate
Port Marlborough
Port of Napier
Precinct Properties Limited
Saint Kentigern College
Stride Property
Tainui Group Holdings
Tāmaki Redevelopment Company
Taupo District Council
Tauranga City Council
Vero Insurance New Zealand Limited
Vital Healthcare Property Trust
Wellington City Council
Tax Tier 1
The 'very technically astute' Graham Murray leads the tax specialists at Bell Gully, housing a market leading corporate tax practice and noted for its skills handling complex tax controversies, Inland Revenue audits and transfer pricing disputes. The team demonstrates adeptness in private client tax and in indirect tax and customs and excise matter, as well as on tax aspects of migration and local property acquisitions and investments. On the contentious side, Mathew McKay, a 'trusted adviser and a safe pair of hands' together with Hayden Roberts make a strong duo acting for taxpayers throughout both the taxpayer disputes procedures and resulting litigation. Willy Sussman, specialises in indirect and private client taxation, together with 'swift, responsive and cost conscious' special counsel Campbell Pentney.Practice head(s):
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Testimonials
‘We found the Bell Gully tax team to be extremely responsive, commercial and pragmatic – as well as very technically strong.’
‘We worked with Graham Murray (Partner) and thought Graham was brilliant. He managed to balance being very technically astute with commercial pragmatism. He was always quick to grasp complex technical issues (both UK and NZ) and deliver helpful practical advice. ‘
‘Mathew McKay always delivers high quality, commercial advice, on short turn-around times. When you are in a tight spot it is comforting to know that you have Mathew in your corner – he is a trusted adviser and a safe pair of hands.’
‘Hayden Roberts provides excellent customer service.’
‘Willy Sussman is my first point of contact and he takes a personal interest in providing an outstanding service.’
‘Bell Gully is incredibly professional and their subject matter experts in the area of taxation is technically very strong and capable. I am particularly impressed by their degree of integration/collaboration with their colleagues responsible for advising in other areas.’
‘Bell Gully is excellent to work with. They are our go to for New Zealand legal issues on complex topics, including cutting edge emerging technologies’
‘Campbell Pentney deserves special praise for being highly adept at tackling complex matters, as well as being swift, responsive and cost conscious.’
Key clients
Frucor / Danone
Fletcher Building Limited
SkyCity Entertainment Group
Vodafone Group Plc
Apax Partners
NorthWest Healthcare Management
Resolution Life
Bluestone Group
Westland Co-Operative Dairy
GraphPad
Jadestone Energy
Todd Energy
EQT Partners
Air Canada
Napier Port / Hawkes Bay Regional Council
Air New Zealand
TMT Tier 1
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):
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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
8i
Plexure Group
Graphpad
Cyber Toa
Crown Fibre Holdings (now Crown Infrastructure Partners)
Department of Internal Affairs
Department of Corrections
New Zealand Customs Service
Straker Translations
Air New Zealand
New Zealand Lotteries Commission
The Network for Learning
Centrality Investments
NZME
Bauer Media
APN News & Media
MediaWorks
TVNZ
Stuff
RadioNZ
Warner Bros
Netflix Luxembourg S.à.r.l.
Yahoo
Colenso BBDO
Bloomberg LP
Lime Technology
Transport (rail, road, air and sea) Tier 1
Bell Gully is a highly reputable transport practice with New Zealand’s most significant companies and operators such as Air New Zealand and Auckland Transport on its books. Wellingston based Andrew Beatson is a key figure in the resource management and infrastructure, having advised Port Marlborough and KiwiRail on a major proposed redevelopment of the Picton Ferry. Hugh Kettle focuses on major infrastructure projects and banking transactions, such as the Auckland Transport on the AMETI Eastern Busway Alliance. In Auckland, Natasha Garvan assists with environmental, policy and resource management.Practice head(s):
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Testimonials
Key clients
Air New Zealand
Auckland Transport
Waka Kotahi New Zealand Transport Agency
City Rail Limited
Port Marlborough
CentrePort
Tainui Group
Intellectual property Tier 2
Bell Gully ’s IP team is led by special counsel Sooyun Lee, who specialises in all aspects of trade mark and IP law. On the branding side, Lee is experienced with developing brand strategies, advising on brand registration, advertising regulations, as well as handling a growing number of trade mark infringement and oppositions. The practice demonstrates expertise on commercial aspects relating to IP, M&A, due diligence and licensing.Practice head(s):
Key clients
Vodafone Group PLC
Apax Partners LLP
Resolution Life Group Holdings Limited
Westland Co-Operative Dairy Company Limited
ESW Holdings, Inc
Stride Property Group
Hellers Limited
Abbvie
Reckitt Benckiser
Frucor Suntory New Zealand Limited
Unilever
Abbvie
BMW
The Body Shop
Investment funds Tier 2
Bell Gully offers ‘an unrivalled depth of knowledge and experience in the area, which is coupled with an intense client focused ethic'. It’s main partner, Haydn Wong draws on his expertise in corporate law background and financial services to advise New Zealand’s largest fund managers and supervisors on many funds management, KiwiSaver, superannuation and insurance matters, fund establishment, portfolio rationalisation and issue resolution. In Wellington, ‘outstanding lawyer’ Amon Nunns advises both listed and unlisted companies on public offers, private placements, employee share plans, stock exchange compliance and company and securities law. Special Council Katie Dow is recommended for unit trusts, superannuation, KiwiSaver and insurance.Practice head(s):
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Testimonials
‘ An unrivalled depth of knowledge and experience in the area, which is coupled with an intense client focused ethic.’
‘Amon Nunns is outstanding as a lawyer and valued commercial advisor. He runs a strong and cohesive team which delivers a comprehensive service.’
Key clients
ANZ Bank
Craigs Investment Partners
The New Zealand Guardian Trust Company Limited
Asteron / Suncorp
Covenant Trustee Services Limited
First State Investments
Guardians of New Zealand Superannuation
Stride Property Limited
Synlait Milk Limited
Restructuring and insolvency Tier 2
Bell Gully consistently works on high-profile restructurings, insolvencies and property receiverships for New Zealand's leading receivers, banks and accounting firms. Recent work saw David McPherson and Tim Fitzgerald advise Antares Restaurant Group, the operator of the Burger King franchise in New Zealand and its directors, on its creditor compromise and the receivership of its holding company. Fitzgerald is an experience litigator for lenders and insolvency practitioners on claims against debtors, directors, auditors, and insurers. McPherson is an authority on debt restructuring, distressed debt acquisitions and receiverships.Practice head(s):
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Testimonials
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Key clients
PwC
ANZ Bank New Zealand Limited
KordaMentha
McGrath Nicol
KPMG
ASB Bank
BNZ
Grant Thornton
BDO
Ferrier Hodgson
Bell Gully > Firm Profile
The firm: Bell Gully is independently recognised as New Zealand’s leading commercial law firm. The firm helps many of New Zealand’s leading companies and public sector agencies navigate their most complex and ambitious projects along with their day-to-day operational issues. The firm has a team of 194 lawyers who combine market leading corporate, commercial, employment, financial services, dispute resolution, property and tax capability along with a wide array of specialist skills. The firm’s range of expertise and experience is extensive, and their work ranges from the most complex and ambitious projects and difficult cases, to day to day operational issues. Bell Gully consistently delivers practical solutions to everyday and unique problems.
Internationally, the firm works with prestigious multinational clients and maintains strong links with leading law firms in Australia, Asia, Europe and the United States.
The firm’s service is founded on being available, commercial and cost-effective – and on being enjoyable to work with. Through dedication to understanding clients’ business and goals, the firm translates the law into everyday commercial language, provides solutions and prepares clients for challenges before they arise.
Areas of practice: Bell Gully is a full-service law firm. Major practice areas include corporate, financial services, property, tax and litigation, and the firm is capable of acting on large and complex commercial matters.
Areas of expertise include: acquisition finance; agribusiness; arbitration; asset finance; banking and finance; banking and finance litigation; class actions; climate change; commercial; commissions and inquiries; competition; construction; consumer law; corporate governance and advisory; cyber security; debt capital markets; derivatives; employee share schemes; employment; energy; entertainment finance; environment and planning; equity capital markets; financial sector regulation; food, beverage and hospitality; forestry; goods and services tax; health; health and safety; immigration and relocation; information, communications and technology; infrastructure and projects; insurance; intellectual property; international; international trade – customs and excise; joint ventures; litigation and dispute resolution; Maori; media; mergers and acquisitions; overseas investment; privacy and data protection; private equity and venture capital; project finance; property and real estate; property finance; public law; regulatory investigations and prosecutions; residential property; restructuring and insolvency; securitisation; structured finance; takeovers; tax; tax disputes and litigation; transport; trusts, asset and estate planning; water, waste and contamination.
Staff Figures
Number of lawyers : 194 at this office : 145Languages
Afrikaans Cantonese Croatian Czech Dutch Filipino/Tagalog French German Greek Hindi Indonesian Italian Japanese Korean Latvian Mandarin Maori Polish Portuguese Punjabi Russian Samoan Spanish Sundanese Swedish TokelauanMemberships
IBA IFA INTA IPBA IPSANZ Asia Pacific Loan Market Association Association of International Petroleum Negotiators Financial Services Institute of Australasia Petroleum Exploration and Production Association of NZOther
Other offices : WellingtonPress Releases
Leading law firms advise on Fletcher Building sale of Roof Tile Group to IKO
5th December 2018Leading law firms Chapman Tripp and Bell Gully advised on Fletcher Building’s sale of international roofing products manufacturer Roof Tile Group (RTG) to Canadian roofing company IKO.
Bell Gully acts on a significant tax avoidance win
5th December 2018Bell Gully represented Frucor Suntory New Zealand Limited in Frucor Suntory New Zealand Limited v Commissioner of Inland Revenue, a High Court decision which marks an important victory for New Zealand tax-paying entities on tax avoidance.
Bell Gully leads New Zealand across key IFLR1000 2019 ranking categories
5th December 2018International Financial Law Review (IFLR) has recognised Bell Gully as leading the New Zealand market across key categories in its latest directory released in early November.
Bell Gully advises Crown Infrastructure Partners on new funding model for Fulton Hogan’s Milldale de
5th December 2018Bell Gully advised Crown Infrastructure Partners (CIP) on the development and implementation of a new funding model recently announced by the Government at Fulton Hogan's Milldale development, north of Auckland. Work on the project commenced in early 2018 and reached financial close last month.
Bell Gully confirmed as exclusive legal supplier for Emirates Team New Zealand
5th December 2018Bell Gully is proud to announce that it is an exclusive legal supplier to Emirates Team New Zealand for the 36th America's Cup defence.
Bell Gully advises on the acquisition of New Zealand fintech TALKINGTECH
5th December 2018Bell Gully has advised data registry and analytics business illion (formerly trading as Dun & Bradstreet) on its acquisition of fintech business TALKINGTECH.
Bell Gully advises Contact Energy on Rockgas sale
5th December 2018Bell Gully advised Contact Energy Limited (Contact) on the sale of its LPG business, Rockgas, to Gas Services NZ Midco Limited (GSNZ) for $260 million.
Bell Gully advises Nelson Properties Limited and Global Forest Partners LP on the sale of Nelson For
5th December 2018Bell Gully advised Nelson Properties Limited (NPL), an investment fund advised by Global Forest Partners LP (GFP), on the sale of shares in Nelson Forests Limited to Australian forestry company OneFortyOne Plantations Holdings Pty Limited (OFO), which received regulatory approval to proceed in late August.
Bell Gully advises Straker Translations Limited on its IPO and ASX listing
5th December 2018Bell Gully advised Straker Translations Limited on its initial public offering (IPO) and listing on the Australian Securities Exchange (ASX) on October 22. Straker Translations Limited is a cloud-enabled translation services provider with sales offices across nine countries, including the US, UK and Singapore.
Simon Watt ranked as international climate change expert in Chambers Global 2018
8th August 2018Bell Gully partner Simon Watt is the only New Zealand climate change expert ranked in international climate change rankings of Chambers Global for a fourth consecutive year.
Busiest year for takeovers in a decade
8th August 2018New Zealand listed companies attracted strong interest from buyers in 2017, producing the highest level of takeover activity seen in the past decade, according to a new update by law firm Bell Gully.
Bell Gully welcomes new Chair
7th August 2018Leading law firm Bell Gully has appointed Anna Buchly as its new Chair.
Bell Gully advises on the sale of leading Auckland radiology groups
7th August 2018Bell Gully has advised the sellers on the sale of three leading Auckland radiology groups to Australian listed medical imaging company Integral Diagnostics (ASX: IDX).
Bell Gully advises on nationally significant Asset Management and Facilities Management contract
7th August 2018Bell Gully has advised the Department of Corrections on a new national Asset Management and Facilities Management Services contract, considered to be one of the most significant outsourcings by the New Zealand Government in recent years.
Bell Gully welcomes two new senior associates
7th August 2018Bell Gully has further strengthened the senior ranks of its corporate and resource management teams with the appointment of two new senior associates, Ryan Ellis and Jill Gregory.
Bell Gully advises Orion Health Group Limited on its transaction with private equity technology inve
7th August 2018Bell Gully advised NZX/ASX listed company Orion Health Group Limited (Orion Health) on its agreement in relation to Orion Health's Rhapsody and Population Health businesses with private equity technology investor Hg. Hg is a specialist technology private equity investor with funds of c.£10 billion under management.
Bell Gully releases ninth Pro Bono and Community report
7th August 2018Many of the charitable organisations we partner with work tirelessly raising awareness for groups in society that are marginalised and unheard. They strive to give them a voice and the practical support they need to thrive.
Bell Gully advises software company Gentrack on accelerated entitlement offer
7th August 2018Bell Gully is advising NZX/ASX listed company Gentrack on an accelerated entitlement offer as it seeks to raise approximately NZD$90 million to pay down debt from recent acquisitions. Gentrack provides essential software services to utilities companies and airports.
Bell Gully wins Deal Firm of the Year at the 2018 Australasian Law Awards
31st July 2018Bell Gully is delighted to have won the top New Zealand award, Deal Firm of the Year, at the 2018 Australasian Law Awards.
Bell Gully announces two new partners and nine senior appointments
29th January 2018Bell Gully is pleased to announce the appointment of two new partners, a new special counsel and eight new senior associates. The new partners are corporate specialist Laura Littlewood and commercial litigator Jesse Wilson.
Bell Gully leads in M&A league tables for 2017
29th January 2018Bell Gully has retained its market-leading position as a legal adviser for mergers and acquisitions, according to two major international league tables released in January.
Bell Gully competition team awarded ‘Elite’ global ranking
29th January 2018Bell Gully’s competition team has secured an ‘Elite’ ranking from the Global Competition Review’s GCR100 global survey of the world’s leading competition law practices for a 13th consecutive year.
Bell Gully performs strongly in top legal directories
20th December 2017The latest results from leading legal directories The Legal 500 Asia Pacific and Chambers Asia Pacific confirm Bell Gully’s leading position in the New Zealand legal market.
Bell Gully releases eighth Pro Bono and Community report
30th August 2017Bell Gully releases eighth Pro Bono and Community report
Monday 24 July 2017
New Zealand’s communities are supported by a diverse range of charitable organisations, many of which have come up with inventive approaches to address areas of need.
At Bell Gully we support these initiatives in the best way we can - by providing free legal advice - so charities can direct their resources towards helping our local communities thrive. Last year, the value of our pro bono work exceeded our NZ$1 million fee equivalent budget.
Bell Gully tops first quarter M&A league tables
21st June 2017Bell Gully has topped the three major international league tables for mergers and acquisitions in the first quarter of 2017, extending the market-leading position the firm held in 2016.
Legal Developments
Offshore suppliers, are you caught in the New Zealand GST net?
23rd June 2021This update will be relevant for offshore suppliers of goods or services that have New Zealand customers, especially where some of those customers may be private consumers.
COVID-19 Raising equity capital
28th April 2020One thing that is more certain in the current environment is the likely need for a number of NZX listed issuers to consider raising equity in the short to medium term.
For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesCOVID-19 The Commerce Commission issues guidance to lenders
28th April 2020 Among the many industries facing pressure as a result of the current lockdown, consumer lenders face particular challenges in assessing the affordability of new or altered lending under the Credit Contracts and Consumer Finance Act 2003 (CCCFA) for borrowers who may have already suffered material changes to their income or anticipated future income as a result of COVID-19 related issues.Court rules on status of cryptocurrencies
28th April 2020 For as long as cryptocurrencies have been around, lawyers have pondered over the existential question of what exactly they are. That question may arise in a number of different contexts — e.g., in a public offering of cryptocurrencies, in the taxation of cryptocurrency transactions, or in the insolvency of a cryptocurrency exchange. That last example has recently been played out in the High Court's decision in Ruscoe & Moore v Cryptopia Limited 2020 (in liquidation). This is a landmark decision, which considers the legal nature of cryptocurrencies for the first time in New Zealand.COVID-19 Tax relief measures, new and old
28th April 2020 The COVID-19 crisis has put significant financial stress on many New Zealand businesses. For many, tax is only one of the liabilities fighting for attention among others in these uncertain times. It has also been a difficult time for internal tax functions with the Alert Level 4 lockdown coinciding with tax year end and considerable uncertainty for future tax periods.Important NZ ETS compliance deadline 31 March 2020
28th April 2020We appreciate businesses are likely focused on responding to pressing issues resulting from COVID-19. However, some of those businesses also have a looming NZ ETS compliance deadline of 31 March 2020 – this coming Tuesday.
For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesThe impact of COVID-19 on construction projects
28th April 2020As with the rest of the economy, the construction sector is currently facing a range of uncertain implications arising from the COVID-19 pandemic.
For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesOptions for construction projects during Alert Level 4
28th April 2020On 19 March 2020 we published an article focussing on how the general conditions of NZS 3910:2013 respond to the circumstances created by COVID-19. Optimistically, we envisaged a follow up article focussing on the options for procuring new construction projects in the post-COVID-19 world.
For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesWhat does the new medicinal cannabis scheme mean for New Zealand?
28th April 2020 The Misuse of Drugs (Medicinal Cannabis) Regulations 2019 (the Regulations) and Misuse of Drugs (Prohibition on Utensils) Notice 2020 (the Notice) came into force on 1 April 2020, opening up new avenues for patients to access medicinal cannabis, and new opportunities for business.Latest updates to the COVID-19 Wage Subsidy Scheme – what employers need to know
28th April 2020 Further significant clarifications and updates were announced on 27 and 28 March 2020, which are relevant to any New Zealand employer that has not yet (as at 4pm on 27 March 2020) applied for wage subsidy relief under the Scheme.COVID-19: RELIEF UNDER CONTRACTUAL PROVISIONS OTHER THAN FORCE MAJEURE
27th April 2020 In the current time with the COVID-19 pandemic and consequent commercial hardship, it is almost a reflex action to look for force majeure provisions under contracts to seek relief. However, when analysed carefully, contracts have other provisions, which could also be relied on for seeking relief, especially for cost compensation. These provisions could also be looked at to claim relief under contracts which do not have a force majeure provision.COVID-19 Epidemic notice and emergency powers – what do they mean for businesses and employers?
27th April 2020 The declaration of a State of National Emergency on 25 March 2020 and issuance of an epidemic notice on 24 March 2020 have opened up a wide range of additional powers for government to enforce the restrictions it will impose under COVID-19 Alert Level 4. For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updates The declaration of a State of National Emergency on 25 March 2020 and issuance of an epidemic notice on 24 March 2020 have opened up a wide range of additional powers for government to enforce the restrictions it will impose under COVID-19 Alert Level 4. What do these new powers mean for businesses, employers and their people? A state of emergency gives legal weight to the obligation to cease conducting any business that does not amount to an essential service. Together, the announcements signal a range of other obligations to co-operate with medical officers, police and Civil Defence, and a need to be aware of the penalties for not doing so. The epidemic notice also activates a range of dormant provisions in the Immigration Act which allow the extension of existing temporary entry class visas and to give judges the ability to deal with immigration matters without requiring attendance. State of emergency The Civil Defence Emergency Management Act (CDEMA) sets out the powers that may be exercised following the declaration of a state of emergency in New Zealand. Most relevant to the obligation to cease conducting any business which does not amount to an “essential service", the CDEMA grants the following powers to the National Controller of Civil Defence Emergency Management, or to any Police constable:- The power to exclude persons from any premises or place, including any public place where they consider such exclusion is necessary for the preservation of human life.
- The power to break into any premises or place if they believe, on reasonable grounds, that that action is necessary for saving life, preventing injury, or removing endangered persons.
- The power to restrict public access to any public place.
- The power to direct any person to stop any activity that may substantially contribute to an emergency (e.g. working in non-essential services), or to request any person to take any action to prevent or limit the extent of the emergency.
- Imprisonment for a term not exceeding three months, or to a fine not exceeding NZ$5,000 (or both) an individual.
- A fine not exceeding NZ$50,000 for a body corporate.
- by order published in a newspaper or by announcement broadcast by a television channel or radio station that can be received by most households:
- require all premises within the district (or a stated area of the district) of any stated kind or description to be closed, and
- forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within the district.
- does anything forbidden by a medical officer of health,
- fails or refuses to comply with, or delays complying with, a direction or requirement of a medical officer of health, or
- does, or delays ceasing to do, anything prohibited by a medical officer,
- commits an offence, and will be liable to a term of imprisonment not exceeding six months, or a fine not exceeding NZ$4,000 (or both).
Should directors’ duties be suspended during the COVID-19 lockdown?
27th April 2020 Key pointsCOVID-19 Commerce Commission issues guidance but cartel risks remain
22nd April 2020 COVID-19 is affecting all businesses. Huge swings in demand (generally down, but in some cases up) and logistical challenges are looming large. For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesLandmark Supreme Court decision confirms key aspects of NZ price fixing prohibition
22nd April 2020 For a copy of the full article, please click the following URL: https://www.bellgully.com/Shared%20Documents/A%20landmark%20Supreme%20Court%20decision%20has%20confirmed%20key%20aspects%20of%20the%20price%20fixing%20prohibition%20in%20New%20Zealand.pdfCOVID-19 Privacy in a pandemic
21st April 2020 In an emergency like the COVID-19 pandemic, the tension between the maintenance of personal privacy and the good of the collective can come to a head. Information can be key to ensuring issues are properly addressed, however it is important to ensure that individual privacy rights are respected.COVID-19 Access to capital and financial reporting
21st April 2020 Extreme times require extreme measures. Yesterday, the Financial Markets Authority (FMA) and the NZX announced regulatory relief measures due to the disruption caused by COVID-19. FMA's relief includes an additional two months for Financial Markets Conduct Act reporting entities (FMC reporting entities) to provide their audited financial statements. The NZX has provided similar relief for listed issuers and has also provided waivers to help ensure issuers are able to access sufficient equity capital urgently if needed. <For our full COVID-19 coverage, follow this URL: https://www.bellgully.com/publications/covid-19-updatesIs unfair risk allocation really to blame?
4th October 2019The purpose of this article is to test whether the current state of the industry has primarily resulted from a collective failure to fairly allocate risk, or whether other factors are also culpable to a greater or lesser degree.
New conduct regime for banks, insurers and NBDTs announced
4th October 2019On 25 September the Government announced wide-ranging legislative reforms to govern the conduct of financial institutions.
Further reform announced on unfair commercial practices and contract terms
4th October 2019The Ministry of Business, Innovation and Employment recently announced its policy decisions regarding changes to the law on unfair commercial practices.
Publication Data protection and real-time bidding technology: Is a crackdown by regulatory authorit
23rd September 2019 In July the Information Commissioner's Office released its report into real-time bidding and ad technologies.Privacy Bill faces clear path to law after second reading
20th September 2019 A bill to modernise New Zealand’s privacy laws has finally concluded a protracted second reading and is now all but sure to be voted through to the final stage and pass into law without any major hurdles.Financial market infrastructures law one step closer to reality
20th September 2019 On 1 August the Reserve Bank of New Zealand released an exposure draft of the Financial Market Infrastructures Bill.Derivatives Margin Bill is passed
20th September 2019The Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Bill has proceeded through its remaining stages and received its third reading on 27 August.
The meaning and contestability of fair risk allocation in commercial contracting
20th September 2019 This article focuses on fair risk allocation in the New Zealand construction industry.Report sets out 10-year vision for New Zealand’s capital markets
20th September 2019 Yesterday the steering committee of Capital Markets 2029 released its final report. The review had been initiated earlier this year by NZX and the Financial Markets Authority – with the objective of delivering a ten-year vision and growth agenda for the sector.Court of Appeal allows opt-out class actions
20th September 2019 In a landmark decision for class actions in New Zealand, the Court of Appeal has ruled that a representative action brought by two Christchurch homeowners can proceed on an “opt-out” basis.New immigration rules: A streamlined process or more red tape?
20th September 2019 On 17 September, the Government announced significant changes to temporary work visas which will have a major impact on employers' recruitment processes where they hire migrant workers.Comprehensive overhaul of the RMA announced
20th September 2019 The Government announced on 24 July that it has launched a comprehensive overhaul of the Resource Management Act (RMA) by setting up a review panel to conduct a wide-ranging review of the entire resource management system.Consultation announced on a proposed Medicinal Cannabis Scheme
25th July 2019 The Ministry of Health (MOH) has announced it is consulting on a proposed Medicinal Cannabis Scheme.Supreme Court rules that insurance reinstatement rights cannot be assigned
25th July 2019The Supreme Court in Xu v IAG New Zealand Ltd has ruled by a 3:2 majority that, under an IAG house insurance policy, homeowners cannot assign their right to reinstate to a subsequent purchaser of the house. Homeowners must undertake the reinstatement themselves, and if they do not, the right to claim the cost of reinstatement under the insurance policy is lost.
The Zero Carbon Bill – a closer look
15th July 2019 The long-awaited "Zero Carbon Bill" was finally released on 9 May, but despite being greeted by considerable media interest there are a number of significant issues that have yet to come to the fore.A link tax in New Zealand?
15th July 2019 A controversial payment to publishers for content in Europe has implications for New Zealand – despite escaping mention in a recent paper that set out the key issues for review for our own copyright laws.News media exemption under the Privacy Act: now a matter of “responsibility”?
15th July 2019 The role of the news media as the "eyes and ears" of the public, and the corresponding right of such news media to be exempted from the Privacy Act 1993 (Privacy Act), is entrenched and well accepted. However, the extent to which the news media exemption applies to non-traditional forms of "news" published by "civilian journalists", such as online commentary and blogs, is a hotly debated subject.Mandatory reporting requirements soften in Privacy Bill
15th July 2019 The Privacy Bill began its second reading before parliament on Tuesday 18 June. The proposed legislation is set to reshape the privacy landscape and bring New Zealand in line with global trends.Derivatives Margin Bill a step closer to becoming law
15th July 2019 In an article in Februarythis year, we reported on the introduction into Parliament of the Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Bill (the Bill).Climate-related risk highlighted in Reserve Bank Act review
15th July 2019 The role of the Reserve Bank in assessing and responding to the risks climate change poses to financial stability features in the current consultation on New Zealand's financial policy framework. Inclusion of climate change as part of the wide-ranging review of the Reserve Bank Act is further evidence of the growing trend towards climate-related risk reporting and disclosures.Taxation of the Digital Economy: update
15th July 2019 In early June the Government released a discussion document on New Zealand's options for taxing the digital economy.Who reads online terms, and does it matter? Lessons from the US
15th July 2019 "Any internet user knows, website terms and conditions are burdensomely long. One rarely reads the fine print when they create a social media account, buy an e-book or movie, use a ridesharing service, or download a mobile app."Overseas investment review – phase two released
31st May 2019 On 16 April the Government launched its public consultation document on the 'second phase' of its Overseas Investment Act 2005 (the Act) reforms (as foreshadowed in our announcement late last year).Digital services tax: what would it look like?
31st May 2019Earlier this year, Prime Minister Jacinda Ardern announced the Government's intention to introduce a new digital services tax (DST) that would apply to multinational digital companies operating in New Zealand.
Ownership of information in the digital world – reforms to copyright law in Europe and New Zealand
31st May 2019 The European Parliament recently voted in favour of the Copyright in the Digital Single Market Directive ('Copyright Directive'), in a decision that has the potential to revolutionise the way copyright is treated on the internet.Criminal sanctions for cartel conduct introduced into law
29th May 2019 Criminal sanctions for cartel conduct have now passed into law, almost a decade after they were first considered.Arbitration law reform: three takeaways
29th May 2019Last week, Parliament made several technical reforms to New Zealand's arbitration legislation. The changes will be of interest to any party considering an arbitration, or to anyone drafting a dispute resolution provision. In this update, we draw three relevant points to your attention.
A link tax in New Zealand?
29th May 2019 A controversial payment to publishers for content in Europe has implications for New Zealand – despite escaping mention in a recent paper that set out the key issues for review for our own copyright laws.The Tax Working Group’s Interim Report – A capital gains tax for New Zealand?
10th December 2018The 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
5th December 2018Last 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
5th December 2018Just 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
5th December 2018NZX 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
5th December 2018Following 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
5th December 2018The 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?
27th November 2018The 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
22nd November 2018The 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
10th October 2018The 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
22nd August 2018The 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.
Robo-advice exemption: Ready, steady, go (applications are now open)
21st August 2018The Financial Markets Authority (FMA) is now accepting applications from entities that wish to provide personalised robo-advice to consumers.
Development exemption struck from Overseas Investment amendments, private bill possible
21st August 2018The surprise removal of a private exemption from the Overseas Investment Amendment Bill (the Bill) by New Zealand's Speaker of the House has raised the possibility developers could consider seeking exemptions from the Act through a separate, private bill.
Europe FTA could offer NZ many indirect benefits
21st August 2018A European Free Trade Agreement (FTA) may present more opportunity than just enhanced trade with Europe.
Taxing the blockchain – cryptocurrency and employee remuneration
21st August 2018Bitcoin and other cryptocurrencies have seen considerable growth over the last 12 months, meaning the general public are more aware than ever of these digital assets.
Employers face claims by MBIE for holiday pay non-compliance
9th August 2018The widespread problems relating to compliance with the Holidays Act 2003 have recently hit the headlines again.
Insider trading laws – clarity for the market
9th August 2018New regulations will finally clarify that in most cases insider trading rules do not apply to a new issue of financial products.
OIO residential land amendments delayed
9th August 2018The date for the Select Committee to report to Parliament on the Overseas Investment Amendment Bill (the Bill) has been extended to 21 June 2018. The Select Committee's report was previously anticipated on 31 May 2018. This delay is unsurprising given the substantial number of submissions to the Select Committee, and it is encouraging to see the Select Committee taking more time to work through the potential unintended consequences for businesses from the Bill.
Australian class action reform: implications for New Zealand
9th August 2018On 31 May 2018, the Australian Law Reform Commission (ALRC) released a discussion paper as part of its inquiry into class action proceedings and third-party litigation funders.
Zero Carbon Bill update: discussion document seeks public feedback
9th August 2018Public consultation that could have far-reaching implications for business is underway on the Government's proposed Zero Carbon Bill, following the release of a Discussion Document by the Ministry for the Environment. There is currently no draft bill; the Discussion Document seeks feedback on key questions of policy and systems architecture that will underpin the legislative regime. This is an early opportunity for those affected to have their say on the Government's approach to some fundamental questions as it seeks to transition New Zealand to a net zero emissions economy. Consultation closes at 5pm on 19 July 2018.
A win for contractual certainty – UK Supreme Court finds “no oral variation” clauses enforceable
31st July 2018In a welcome move from the standpoint of contractual certainty, the United Kingdom's Supreme Court has overturned the Court of Appeal in its eagerly-awaited decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd. In doing so, the Supreme Court has unanimously confirmed that no oral variation (or modification) (NOM) clauses are valid and enforceable in contract law. The decision brings an end to decades of debate in the United Kingdom about the issues. Undoubtedly, it will also shape future New Zealand decisions.
Arbitration in New Zealand
31st July 2018International arbitration is growing in importance as a dispute forum in New Zealand as it is around the world.
New leniency for foreign buyers in Overseas Investment Act overhaul but redraft raises fresh issues
31st July 2018A select committee report on changes to overseas investment rules has proposed relaxing some of the planned restrictions on foreign buyers which could have hindered development, but the amendments raise a number of new issues that require close examination.
Double tax agreement interpretation in the spotlight again – Court of Appeal reverses foreign tax
31st July 2018The correct interpretation of New Zealand's double tax agreements (DTAs) is once again in the spotlight after a recent Court of Appeal decision treats them in the same way as private contracts. Previously, local and international rulings suggested the international context and purposes of such treaties should be taken into account.
Tax treatment of cryptocurrencies – Questions and (some) Answers
31st July 2018The Inland Revenue has published a Q&A on the income tax treatment of cryptocurrencies. You can find the document here.
NZX consults on revamped listing rules under a new market structure
31st July 2018NZX has released an exposure draft of its proposed new listing rules for consultation, with a view to implementing the new rules towards the end of 2018 and bringing them into effect on 1 January 2019. This follows NZX’s consultation at the end of last year on a wide span of issues to reform and reinvigorate NZX’s capital markets, ranging from a consideration of the structure of NZX’s equity markets to specific listing rule settings.
Proposed GST changes for low value goods
31st July 2018Interested parties should pay attention to the Government’s call for submissions on proposals to lower the threshold at which offshore purchases become liable for GST, with decisions yet to be made on a number of aspects.
Multinational tax proposals move closer to enactment with (some) taxpayer concessions
31st July 2018The Officials' Report on submissions on the bill containing new rules to combat "base erosion and profit shifting" (often referred to as BEPS) by foreign multinationals has finally been released together with the second reading of the bill. Concerns that the new rules could impact foreign investment in New Zealand and therefore should be abandoned or deferred were largely rejected by Officials. Officials are clearly committed to bringing the proposals into law in time for the 1 July 2018 target date, but did recommended some softening at the edges to address public concerns.
Domestic violence victims one step closer to receiving greater protection from their employer
22nd July 2018The Domestic Violence – Victims' Protection Bill took another step forward in Parliament in June and has now passed its second reading.
Government puts cartel criminalisation back on the table
13th March 2018The Minister of Commerce and Consumer Affairs, Kris Faafoi, has today tabled the Commerce (Criminalisation of Cartels) Amendment Bill (the Bill) in the House.
New Zealand favours English approach to penalties
6th March 2018A recent High Court decision marks an important step in the development of the approach to the “Penalty Doctrine” in New Zealand – that is, the principle that contractual provisions which allow parties to punish one another disproportionately are unenforceable. Justice Whata’s judgment in Honey Bees v 127 Hobson Street1 carefully traverses the recent evolution of the doctrine and provides helpful clarification of its application to contracts in New Zealand.
How open is New Zealand to Open Banking
6th March 2018This week New Zealand hosts the Digital Nations 2030 to discuss what is required to become a truly digital nation by 2030. Open Banking is a critical first step, but where is it on the Government’s agenda?
International tax information exchange in the spotlight after judicial review blocks IRD information
13th February 2018Auckland-based accounting firm Chatfield & Co Ltd has won a judicial review into the lawfulness of information production notices issued by the Commissioner of Inland Revenue (the Commissioner).
New report suggests the time is right to review the electricity sector
20th December 2017Renewable energy targets and the take-up of new technologies mean it is the right time to review the regulatory settings for the electricity sector, according to a new report by law firm Bell Gully.
VIDEO: Businesses must prepare for a future with higher carbon costs
4th December 2017Businesses must prepare for a future with higher carbon costs
Simon Watt, Partner | November 2017
A Zero Carbon Act will set New Zealand’s first legally binding target for emissions reduction, which will be monitored by an independent Climate Commission. Simon Watt, corporate partner at Bell Gully and an internationally recognised climate change lawyer, was interviewed by Unfiltered about the key climate change measures that have emerged from the election and the implications for business.
“Transformational” changes to the employment landscape under new government?
1st December 2017“Transformational” changes to the employment landscape under new government?
Rachael Brown and Tim Clarke, Partners | Thursday 26 October 2017
The change in government after nine years is likely to result in important changes to the employment landscape in New Zealand. The coalition agreement between the New Zealand Labour Party and New Zealand First describes the parties' intention of providing a "transformational" government with a key focus on sustainable economic development, higher wages, a healthy environment and reducing poverty and inequality. This article provides a summary of the key policies that will have an impact on New Zealand's employment laws and framework.
Update on the new Government’s foreign investment policy direction
1st December 2017Update on the new Government’s foreign investment policy direction
Andrew Petersen and Willy Sussman, Partners | Wednesday 29 November
The New Zealand Government has published the first of its changes aimed at strengthening the Overseas Investment Act 2005 (OIA) by issuing a new Directive Letter (Letter) to the Overseas Investment Office (OIO). This will affect foreigners looking to purchase sensitive land in New Zealand.
VIDEO: Outlook for construction in New Zealand
29th November 2017VIDEO: Outlook for construction in New Zealand
Tom Bennett, Partner | November 2017
The New Zealand Government’s planned investment in infrastructure includes a greater focus on public transport and regional development. Property lawyer Tom Bennett, a construction specialist with Bell Gully’s projects and developments team, was interviewed by Unfiltered about the outlook for construction in New Zealand, and the potential impact of policy changes on a sector facing high demand and capacity constraints.
Corporate Reporter – Issue No. 47
30th August 2017Corporate Reporter - Issue No. 47
Glenn Joblin and Torrin Crowther, Partners | Tuesday 22 August 2017
Welcome to Issue No. 47 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases of interest.
Passing of Cartels Bill marks new era in New Zealand competition law
30th August 2017Passing of Cartels Bill marks new era in New Zealand competition law
Torrin Crowther, Partner and Glenn Shewan, Senior Associate | Thursday 10 August 2017
After almost six years before Parliament, the Commerce (Cartels and Other Matters) Amendment Bill finally passed its third reading in Parliament today. Royal Assent is expected in the coming days.
CCH New Zealand Budget Report 2017
30th August 2017CCH New Zealand Budget Report 2017
Mathew McKay, Partner | Thursday 25 May 2017
In conjunction with CCH, our tax team has analysed the 2017 Budget and has produced a report providing an in-depth analysis of its implications.
Doing Business in New Zealand: a guide
30th August 2017Doing Business in New Zealand: a guide
Wednesday 26 July 2017
In response to demand from overseas investors and their professional advisers for information about investing in and trading with New Zealand, Bell Gully has produced a guide to doing business in New Zealand.
New Zealand proposes steps to keep playing in the global OTC sandpit
30th August 2017New Zealand proposes steps to keep playing in the global OTC sandpit
David Craig, Partner | Friday 14 July 2017
For large counterparties based in G20 countries, margin rules for over-the-counter (OTC) derivatives have been a challenge for some time. By contrast, New Zealand counterparties have, until recently, been largely immune from the effects of these rules. However, given the global nature of the OTC derivatives markets, and the dependency of local banks on offshore funding, that shelter was never going to last. We might have been permitted to play in the global OTC sandpit up until now, but the big boys get to set the rules. And, when they change them, your choices are to accept the new rules or find another sandpit to play in.
Corporate Reporter – Issue No. 46
30th August 2017Corporate Reporter - Issue No. 46
Glenn Joblin and Torrin Crowther, Partners | Thursday 29 June 2017
Welcome to Issue No. 46 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases of interest.
Bell Gully’s Takeovers Market Practice Report
30th August 2017Bell Gully's Takeovers Market Practice Report
James Cooney and James Gibson. Partners | Friday 23 June 2017
Bell Gully's Takeovers Market Practice Report is the first in-depth analysis of New Zealand takeovers data since the introduction of the Takeovers Code in 2001.
Should NZ recognise blockchain signatures and smart contracts in our Electronic Transactions Act?
21st June 2017The State of Arizona has passed a ground-breaking law confirming that smart contracts and blockchain-based signatures have the protection of its Electronic Transactions Act.1
CCH New Zealand Budget Report 2016
2nd December 2016CCH New Zealand Budget Report 2016
Mathew McKay, Partner | Thursday 26 May 2016
In conjunction with CCH, our tax team has analysed the implications of the changes and has produced a report providing an in-depth analysis of the Budget.
Keeping the global spotlight on corruption
2nd December 2016Keeping the global spotlight on corruption
Fiona Tregonning, Senior Associate | Tuesday 17 May 2016
The recent London Anti-Corruption Summit (the Summit) saw New Zealand agree to explore some new measures in support of global efforts against corruption. The Summit, attended by over 40 countries, has kept corruption and transparency issues in the spotlight at a time when the Panama Papers had just reinvigorated debate.
Concern over missing details as OECD targets tax base erosion and profit shifting
2nd December 2016Concern over missing details as OECD targets tax base erosion and profit shifting
Graham Murray, Senior Associate and Mathew McKay, Partner | Friday 8 July 2016
Submissions on a new multilateral instrument (the MLI) to target tax base erosion and profit shifting (BEPS) call for further technical details to be released for public consultation and a relaxing of its tight implementation deadline.
Immigration – raising the bar and narrowing the gate
2nd December 2016Immigration - raising the bar and narrowing the gate
Willy Sussman, Partner | Tuesday 11 October 2016
News headlines from around the world accentuate the desirability of living on a Pacific Island a long way from trouble, where one can enjoy economic prosperity, no corruption and a clean green environment. Housing, at least in Auckland, is not particularly affordable but a new mayor and a new Unitary Plan (allowing for greater intensification) may offer hope.
Court of Appeal upholds parties’ choice of law in cross-border employment relationship
30th November 2016Court of Appeal upholds parties' choice of law in cross-border employment relationship
Rachael Brown, Partner | Thursday 10 November 2016
Employers based overseas will be relieved to hear that their choice of law provisions with their New Zealand-based employees do hold weight with the New Zealand courts.
Hidden priorities – Statutory charges and the PPSA
30th November 2016Hidden priorities - Statutory charges and the PPSA
Tim Fitzgerald, Senior Associate | Tuesday 25 August 2015
When can first-ranking charges under the Personal Property Securities Act 1999 (PPSA) lose priority and come second?
A milestone for New Zealand arbitration
30th November 2016A milestone for New Zealand arbitration
Fiona Tregonning, Senior Associate | Tuesday 23 August 2016
This year marks 20 years since the passing of New Zealand’s Arbitration Act 1996 (the Act), based on the 1985 UNCITRAL Model Law and substantially overhauling New Zealand’s previous arbitration regime.
Corporate Reporter – Issue No. 43
30th November 2016Corporate Reporter - Issue No. 43
Glenn Joblin and Torrin Crowther, Partners | Wednesday 16 November 2016
Welcome to Issue No. 43 of Corporate Reporter, Bell Gully's regular round-up of corporate and general commercial matters, designed to keep you informed on regulatory developments, legislation and cases of interest.
Is relief in sight for offshore futures dealers from NZ client money rules?
29th November 2016Is relief in sight for offshore futures dealers from NZ client money rules?
David Craig, Partner | Wednesday 9 March 2016
Background
The client money rules in Part 6 of the Financial Markets Conduct Regulations 2014 (the Regulations) are something of an anomaly in New Zealand financial services law. Typically, that law recognises a wholesale/retail distinction – and regulates accordingly. That distinction has certainly been prominent in the re-write of New Zealand’s financial services laws that has occurred over the last eight years.
Part 6 is anomalous because it applies what are essentially retail-focused investor protection rules to trading activity with wholesale investors. For example, “derivatives issuers” (the label given to dealers subject to these rules) trading with wholesale investors must hold client money on trust for investors, must only use that money for specified purposes, and must meet various record keeping and reporting obligations.
Doing Business in New Zealand: a guide
29th November 2016Doing Business in New Zealand: a guide
Friday 1 April 2016
In response to demand from overseas investors and their professional advisers for information about investing in and trading with New Zealand, Bell Gully has produced a guide to doing business in New Zealand.
Ministers block Lochinver Station purchase – what it means for overseas investors
3rd November 2016Ministers block Lochinver Station purchase – what it means for overseas investors
Glenn Shewan, Senior Associate | Friday 18 September 2015
The decision by Government Ministers Paula Bennett and Louise Upston to decline consent to the NZ$88 million bid by Chinese-owned Pure 100 Farm Ltd (Pure) to buy the Lochinver Station made national headlines yesterday.