Bell Gully > Auckland, New Zealand > Firm Profile
Bell Gully Offices
LEVEL 21, VERO CENTRE, 48 SHORTLAND STREET
PO BOX 4199
AUCKLAND 1140
New Zealand
Bell Gully > The Legal 500 Rankings
New Zealand > Banking and finance Tier 1
Bell Gully houses an ‘exceptionally strong banking and finance team’, which provides ‘commercially oriented advice’ on the full gamut of mandates, including acquisition funding, securitisations and advisory work, as well as catering to the ongoing demand for New Zealand dollar-denominated debt by offshore issuers. In the firm’s Wellington office, David Craig leads the practice and is frequently supported by senior associate Zac Kedgley-Foot, both of whom are praised for providing ‘pragmatic, commercial and solution-oriented advice’. Craig specialises in advising on derivative transactions and their regulation; Murray King stands out in the securitisation space; and David McPherson has demonstrable experience in acquisitions finance and debt restructurings. Other names to note include Jennifer Gunser, who acts for private equity clients, financial institutions, and various public and private companies in corporate financing transactions, while senior associate Sam Dykes is another key member of the team. All practitioners operate from the firm’s Auckland office, unless stated otherwise.Practice head(s):
David Craig
Other key lawyers:
Testimonials
‘Bell Gully has an exceptionally strong banking and finance team, who can draw from a breadth of not just New Zealand banking and finance experience and market practice, but also international experience. With this international perspective, Bell Gully are equipped to provide commercially oriented advice.’
‘I have worked closely with both David Craig and senior associate Zac Kedgley-Foot, both of who provide consistently pragmatic, commercial and solution-oriented advice. Above all they are easy to deal with, reliable and can deliver otherwise complex legal advice in a concise and easily digestible manner.’
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
SKYCITY Entertainment Group
Vector
Xero
Metlifecare Limited
Work highlights
- Advised JPMorgan on the asset-backed loan provided to Imola Acquisition Corporation on the funding its acquisition of Ingram Micro.
- Advised Bluestone Group on a comprehensive restructure of its New Zealand funding programme, including amending the terms of two existing funding trusts and establishing a new Prime Warehouse Trust funded by Bank of New Zealand and a new Sub-prime Trust funded by Westpac New Zealand.
- Advised Tainui Group Holdings on the establishment of its financing common terms platform, including a new syndicated bank facility arrangement
New Zealand > Competition law Tier 1
Bell Gully’s ‘exceptional’ competition practice has been kept busy with a number of domestic and multi-jurisdictional mergers involving New Zealand issues, as well as restrictive trade matters, cartel investigations and other behavioural mandates. Practice leader Torrin Crowther handles the full gamut of work, acting for corporate clients to resolve Commerce Commission investigations into alleged cartel and market power conduct, as well as cross-border M&A transactions. Glenn Shewan handles merger controls, cartel matters and misuse of market power claims, while Wellington-based Jenny Stevens has experience in advising on large-scale competition law cases brought by the Commerce Commission. Other key members of the team include senior associates Penny Pasley and Emma Harris, who joined the firm in January 2022 from Linklaters in London. All named practitioners are based in the firm’s Auckland office, unless stated otherwise.Practice head(s):
Torrin Crowther
Other key lawyers:
Testimonials
‘Led by Torrin Crowther, this is an exceptional team. Responsive and pragmatic and takes a “whole of organisation approach” when considering a complex problem and providing advice.’
‘Strong technical knowledge and deep capacity of resources to meet requirements.’
‘Glenn Shewan is user friendly and flexible.’
‘The team are fantastic to work with. Highly responsive, practical, and experts in this area of the law. Their advice is commercial, digestible and fit for purpose.’
‘Torrin Crowther is able to identify key issues from complex and rapidly changing situations. He understands our business and balances his strategic advice with our current and future business needs and requirements.’
Key clients
Fletcher Building
Vodafone
Air New Zealand
Todd Corporation
Downer
Lineage Logistics New Zealand
Contact Energy
Goodman Fielder
ANZ
Objective Corporation
Ampol
Latitude Financial
Work highlights
- Advised Konecranes PLC on the New Zealand competition law aspects of its proposed global merger with Cargotec.
- Advised on the New Zealand merger control and overseas investment aspects of the transaction involving Discovery/WarnerMedia.
- Assisting Fletcher Building in relation to the Commerce Commission’s market study into residential building supplies.
New Zealand > Corporate and M&A Tier 1
Bell Gully’s established practice is ‘incredibly “well-plugged” into the Australasian and global legal and corporate world’, meaning ‘they are able to formulate and communicate commercially focused advice in high value M&A transactions’. Recent highlights for practice leader Dean Alderton saw him advising Igneo Infrastructure Partners on its NZ$1.9bn purchase of New Zealand’s largest resource recovery and waste management services provider, Waste Management NZ Limited, alongside recently promoted partner Chris Hodges, who ‘operates with humility, curiosity and empathy’. James Gibson is noted for his expertise in M&A, corporate governance and securities law matters, while Glenn Joblin handles corporate transactions in the insurance sector and ‘reliable’ James Cooney has advised on major takeovers in New Zealand. In the firm’s Wellington office, practice deputy David Coull is a key driver in the corporate team’s growth in the oil and gas, mining and broader energy sectors, while Chris Goddard and Wellington-based Amon Nunns are praised as ‘extremely knowledgeable in all areas of corporate law’. Other key contacts in the group include Glenn Joblin, Anna Buchly and Jennifer Coote. All named practitioners operate from the firm’s Auckland office, unless stated otherwise.Practice head(s):
Dean Alderton; David Coull
Other key lawyers:
Chris Hodges; James Gibson; Glenn Joblin; Amon Nunns; James Cooney; Anna Buchly; Jennifer Coote; Angela Harford
Testimonials
‘Chris Hodges manages expectations and acts collaboratively with his clients. Inspires trust and operates with humility, curiosity and empathy.’
‘James Cooney is a very reliable and focused corporate partner.’
‘David Coull was always focused on the points that mattered and had a very clear understanding of the commercial and reputational consequences of decisions.’
‘Bell Gully’s USP is its strength and depth of talent across the board. What I’ve found exceptional is the talent and work ethic of the more junior staff.’
‘We work closely with Amon Nunns and Chris Goddard and both are extremely knowledgeable in all areas of corporate law.’
‘Angela Harford is a standout partner in this space for her unwavering professionalism, deep knowledge and deep understanding of her role in supporting the making of informed decisions.’
‘The Bell Gully corporate team not only has the highest technical ability across the whole sweet of relevant areas, but they areincredibly “well-plugged” into the Australasian and global legal and corporate world. This means that they are able to formulate and communicate commercially focused advice in high value M&A transactions.’
‘Jennifer Coote has impressed me since meeting her as a senior associate. Fiercely intelligent but also commercial. Anna Buckly also highly recommended.’
Key clients
Air New Zealand Limited
Ampol Limited
Igneo Infrastructure Partners
FountainVest Partners
Blackstone Group LP
Fidelity Life Assurance Company Limited
Tricor Group
Ventia Services Group Limited
Plexure Group
LeasePlan Corporation N.V.
Vital Healthcare Property Trust
ASB Bank Limited
Macquarie Capital (Australia) Limited
Work highlights
- Advised Air New Zealand Limited on various financial measures undertaken to assist it manage the implications of COVID-19 related travel restrictions across its domestic and global network.
- Advised Igneo Infrastructure on the NZ$1.9bn acquisition of Waste Management NZ Limited from private equity firm Beijing Capital Group.
- Advised Ampol Limited (Ampol) on its acquisition of 100% of Z Energy, by way of scheme of arrangement, with a total value of approximately NZ$2bn.
New Zealand > Data protection Tier 1
Noted for its cross-border capability, Bell Gully’s ‘highly capable team’ provides ‘quality advice on a range of data protection matters’, from data transfer projects, compliance and contractual obligations to insurance-related mandates and disputes, in addition to privacy issues relating to cyber security mitigation and response. In the firm’s Auckland office, Laura Littlewood, who ‘can be relied on for her prompt service, high-quality advice, and pragmatic solutions to issues’, jointly leads the team alongside commercial litigator Tania Goatley, who advises national and international companies on cyber security breaches. The Auckland office is also home to ‘standout’ senior associate Richard Massey, while Wellington-based special counsel Susannah Shaw has demonstrable experience in the ICT sector.Practice head(s):
Laura Littlewood; Tania Goatley
Other key lawyers:
Susannah Shaw; Richard Massey; Jared McIntosh
Testimonials
‘Bell Gully has fantastic industry knowledge and always look to provide advice that is genuinely helpful and tailored to the particular circumstance and situation.’
‘Jared McIntosh has been fantastic.’
‘The team has extensive experience with data protection matters. The team is unique in that it offers opportunities for its clients to connect with others working in this data protection space.’
‘Laura Littlewood is an expert in her field. She has extensive and in-depth knowledge of data protection matters. She can be relied on for her prompt service, high-quality advice, and pragmatic solutions to issues.’
‘Our transaction was led by special counsel Susannah Shaw. Her calmness, knowledge and professionalism were a joy to behold.’
‘Laura Littlewood is a pleasure to work with, she has a very personable style, quickly grasps the essence of the problem and immerses herself in the business context to arrive at the right solution for her clients.’
‘Bell Gully has a highly capable team, which I trust to provide quality advice on a range data protection matters. The team closely monitors developments in the privacy sector and provides regular updates on privacy law and relevant cases, demonstrating leadership in this space.’
‘Richard Massey is a particular standout. He is responsive, thorough, extremely capable and is always a pleasure to communicate with.’
Key clients
Amazon
Air New Zealand
Apple
ASB Bank
BNZ Bank
Costco
Genesis Energy
Heartland Bank
Netflix
Network for Learning (N4L)
New Zealand Lotteries
NZ Lotteries
Vodafone
Woolworths New Zealand
Work highlights
- Advised Crown Infrastructure Partners on the Next Generation Critical Communications Public Safety Network project.
- Advised New Zealand Lotteries Commission (Lotto) on the procurement process and contract with a new gaming system provider.
- Advised Costco on its preparations for the opening of its first Costco Wholesale Warehouse (store) in the New Zealand market, including on technology and payment agreements, as well as implementation of solutions that are unique to Costco’s activities the New Zealand market and privacy issues relevant to Costco’s loyalty scheme.
New Zealand > Dispute resolution Tier 1
‘Well-known for its leading litigation practice’, Bell Gully houses a team of experienced practitioners who frequently appear as senior counsel in trials and appeals at all levels of the New Zealand court system. The group also represent clients in arbitrations, mediations and other forms of dispute resolution. The ‘first-class’ team’s workload includes corporate and commercial disputes, regulatory investigations and government inquiries, as well as cases concerning public law, insurance, Māori law, tax and white-collar crime. David Friar, who is praised for his ‘exceptional knowledge and understanding when advising on insurance claims’, heads the practice with the support Wellington-based deputy leader Rachael Brown, who specialises in Māori law and employment disputes. Tim Fitzgerald is a key contact for insolvency and regulatory investigations, while Jenny Stevens handles litigious competition law matters. Other key names to note include Wellington-based Kirsty Dobbs, Blair Keown, Sophie East, who has demonstrable capability in banking litigation, class actions and arbitrations, and the ‘articulate’ Jesse Wilson, who assists clients in construction disputes. The ‘strategically astute’ Brad Ward was promoted to partner in January 2022, while Simon Ladd left to Shortland Chambers in December 2021. All named practitioners are based in the firm’s Auckland office, unless stated otherwise.Practice head(s):
David Friar; Rachael Brown
Other key lawyers:
Jenny Stevens; Sophie East; Tim Fitzgerald; Jesse Wilson; Brad Ward; Blair Keown; Kirsty Dobbs; Sam Hiebendaal
Testimonials
‘First-class team. Sharp, smart and strategically creative.’
‘Sam Hiebendaal is outstanding. He is an astute strategic adviser and an exceptionally clear communicator, who is easy to collaborate with.’
‘Sophie East is very flexible in approach and targeted in advice. Brad Ward is good on case detail and strategically astute.’
‘Bell Gully is well-known for its leading litigation practice, which is possibly first in class in NZ. They have a competent and effective team that is able to address complex and urgent disputes.’
‘Jesse Wilson is articulate, intelligent and possesses sound analytical skills and commercial judgment.’
‘Tim Fitzgerald is our lead partner. Good knowledge, works well with senior counsel and is easy to deal with.’
‘David Friar has exceptional knowledge and understanding when advising on insurance claims.’
‘Kirsty Dobbs is one of the best litigation partners in the country. She is extremely hard working, across all the detail yet has the big picture at the front of her mind also.’
Key clients
Air New Zealand
ANZ Bank
ASB Bank
Calibre Partners
Carter Holt Harvey
Cigna Life Insurance
Downer Group NZ
Fletcher Building
Frucor Suntory NZ
Genesis Energy
IAG New Zealand
NZME
PricewaterhouseCoopers
Stride Property
Suncorp Group
Xero
Work highlights
- Acting for Genesis Energy in defending claims concerning its alleged responsibility for greenhouse gas emissions.
- Acting for ASX-listed company AWN Holdings in a class action brought by investors in relation to the Initial Public Offering (IPO) of the formerly NZX-listed Intueri Education Group Ltd.
- Defending ANZ Bank in a class action regarding alleged breaches of disclosure requirements under the Credit Contracts and Consumer Finance Act 2003.
New Zealand > Insurance Tier 1
Bell Gully has a strong track record in insurance-related M&A transactions, acting for a range of market-leading entities on big-ticket acquisitions and financing deals, among others. The practice continues to undertake a substantial number of insurance claims, engaged by the likes of Southern Response Earthquake Services Limited, Resolution Life Group Holdings and Vero Insurance New Zealand, to name a few. Following the departure of Simon Ladd to Shortland Chambers in December 2021, ‘rational thinker’ David Friar - who advises on cutting-edge insurance cases and corporate claims - jointly leads the practice alongside Glenn Joblin, who regularly acts for insurers on transactional work, in addition to regulatory and general corporate matters. Both team members operate from the firm’s office in Auckland.Practice head(s):
David Friar; Glenn Joblin
Testimonials
‘Good team with strong knowledge and understanding of insurance principles and policy applications.’
‘David Friar is a rational thinker, friendly and easy to work with. Works extremely well with joint counsel, is supportive of his team and encourages growth.’
Key clients
AIA New Zealand Limited
Resolution Life Group Holdings Limited
Cigna Life Insurance NZ Limited
Fidelity Life Assurance Company Limited
IAG New Zealand Limited
Insurance Council of New Zealand
Medical Assurance Society NZ Limited
Southern Cross Medical Care Society
Southern Response Earthquake Services Limited
Vero Insurance New Zealand Limited
Work highlights
- Acting for The Fletcher Construction Company Limited (FCC) in relation to a fire that began at the New Zealand International Conference Centre (NZICC) on 22 October 2019.
- Advised Fidelity Life on its agreement to acquire Westpac Group’s New Zealand life insurance business and its associated equity funding arrangements.
- Issued proceedings in the High Court at Auckland on behalf of Stride Property Limited on its material damage claim relating to a combined cinema and 300-space car parking complex in the Queensgate Shopping Centre in Lower Hutt, which was damaged in the Kaikōura earthquake in November 2016.
New Zealand > Labour and employment Tier 1
Bell Gully ‘continues to have one of the best employment practices’, covering a broad spectrum of matters, from the employment aspects of M&A transactions, divestments and restructurings to general advisory work, health and safety mandates and employment-related litigation. In the firm’s Auckland office, practice leader Tim Clarke ‘has come to the rescue’ of his clients in health and safety investigations and prosecutions, including acting as counsel in prosecutions for alleged contraventions of the Health and Safety at Work Act 2015. The Auckland office is also home to Liz Coats, who advises employers on Holidays Act 2003 compliance, redundancy and restructuring issues, while Wellington-based Rachael Brown is praised as ‘a standout in this space, for her deep technical knowledge, professionalism and responsiveness’. Other key members of the team include special counsel Andrea Pazin and senior associate Rosemary Wooders, who are based in the Wellington and Auckland offices, respectively.Practice head(s):
Tim Clarke
Other key lawyers:
Testimonials
‘A real solution-focused team, with practical advice and a partnership approach to the delivery of legal advice.’
‘Tim Clarke has come to the rescue on numerous occasions. He listens to understand, guides, coaches and provides clear, concise and commercially-focussed legal advice.’
‘The ability to talk through issues, associated risk and their advice in line with their understanding of our business, our risk appetite and the associated issues gives us unending confidence.’
‘An exceptional team who are responsive, innovative, act decisively and able to articulate risk and identify any unintended consequences. Communicates clearly and effectively and are flexible and adaptable.’
‘Rachael Brown is a standout in this space for her deep technical knowledge, professionalism and responsiveness. This, together with her an engaging personality, makes her a real pleasure to work with.’
‘Bell Gully continues to have one of the best employment practice.’
‘Tim Clarke and Liz Coats are both very experienced and valued advisers. Both are approachable, responsive and willing to engage in discussions/debate without arrogance and with patience.’
‘Tim Clarke is outstanding and offers brilliant support.’
Key clients
AIA
Bapcor (NZ)
CAANZ
Carter Holt Harvey
Department of Corrections
Electricity Authority
Goodman Fielder
Lyttelton Port Company
Ministry of Education
Pharmac
Port Marlborough
Rocket Lab
Sime Darby Motor Company
Te Pūkenga – New Zealand Institute of Skills and Technology
Vodafone New Zealand
Woolworths (trading as Countdown)
Work highlights
- Advised Te Pūkenga and subsidiaries on a range of employment and health and safety matters, including advising on the transfer of arranging training functions of four former ITOs to a subsidiary of Te Pūkenga and providing advice regarding the impact of dissolution of the subsidiaries on employees.
- Advised Ampol on the employment aspects of its NZ$2bn acquisition (by scheme of arrangement) of New Zealand fuel distributor, NZX and ASX-listed Z Energy Limited (Z Energy).
- Advised AFFCO and its subsidiary, South Pacific Meats, in five separate proceedings brought by current and former employees who are claiming unpaid wages for “donning and doffing” protective clothing, and inadequate rest and meal breaks.
New Zealand > Projects and resources management (including environment) Tier 1
Clients are in ‘safe hands’ with Bell Gully’s national, multidisciplinary practice, who handle large-scale projects across the energy and natural resources, infrastructure, transport, technology and telecoms sectors. In the firm’s Wellington office, David Coull leads the energy group and has demonstrable experience across the oil, gas and mining sectors, while Andrew Beatson spearheads the resource management team and handles major transport development projects. Environmental and resource management specialist Natasha Garvan ‘offers tailored advice’ to infrastructure providers, public bodies, Māori tribal organisations, as well as property and land developers. The Wellington office is also home to consultant Simon Watt, who is one of New Zealand’s leading probity advisers for public sector procurement and has a strong track record in public infrastructure transactions, and David Chisnall, who advises on the development and construction aspects of property projects. Hugh Kettle retired in December 2021.Practice head(s):
David Coull; Andrew Beatson
Other key lawyers:
Testimonials
‘You are always in safe hands. They understand our business well and have good client relationships.’
‘Natasha garvan has great client relationships, is safe and steady, understands our business well and offers tailored advice.’
Key clients
Barton NZ Limited / The Barton Group
Contact Energy Limited
Electricity Authority
First Gas Limited
Meridian Energy Limited
New Zealand Oil & Gas Limited
Ofer Group
Trans-Tasman Resources Limited
Transpower New Zealand
Wellington Electricity Lines Limited
Auckland Transport
CentrePort Limited
City Rail Link Limited
Hawke’s Bay Regional Council
Kāinga Ora – Homes and Communities (formerly Housing New Zealand)
Marlborough District Council
Meridian Energy Limited
Port Marlborough New Zealand Limited
Waikato-Tainui
Te Tupu Ngātahi – The Supporting Growth Alliance (an alliance comprising NZTA, AT, Auckland Council, Buddle Findlay, Bell Gully, Beca and Aecom)
Transpower New Zealand Limited
Genesis Energy Limited
Work highlights
- Advised Jadestone Energy on its announced acquisition of OMV’s interest of the Maari offshore petroleum field.
- Advising Auckland Transport and Waka Kotahi NZ Transport Agency on Te Tupu Ngātahi (the Supporting Growth Alliance), as part of the Alliance legal team, on route protection of the transportation network.
- Advising Department of Corrections on the implementation of its third PPP project for the design, construction, finance and maintenance of a new large prison at Waikeria Prison.
New Zealand > Real estate and construction
Clients have a ‘high degree of confidence’ in Bell Gully’s sizeable real estate and construction practice, which has a strong track record in high-value acquisitions and disposals, transformative infrastructure and development projects, and leasing matters. Karl Anderson leads the real estate practice, and Andrew Petersen advises on overseas investments in New Zealand, while Jane Holland is noted for her expertise in commercial leasing and development projects. Praised for its ‘strong litigation expertise’, the construction team is well-placed to advise on the full spectrum of contentious matters, in addition to construction and infrastructure projects and contract negotiations. Wellington-based David Chisnall, who specialises in the structuring, procurement and delivery of public and private sector construction and development projects, jointly leads the construction team alongside Ian Becke, who ‘has strong experience, both in New Zealand and Australia, across a variety of projects and in all phases of construction’. Wellington-based Toni Forrest, Jesse Wilson and Brad Ward are further key contacts in the team, while Simon Ladd left the firm to join Shortland Chambers in December 2021. All named practitioners are based in the Auckland office, unless stated otherwise.Practice head(s):
David Chisnall; Ian Becke; Karl Anderson
Other key lawyers:
Testimonials
‘Strong litigation expertise.’
‘They have a competent and effective team that is able to address complex and urgent construction disputes. I have a high degree of confidence in their legal expertise and commercial judgment.’
‘Jesse Wilson is articulate, intelligent and possesses sound analytical skills and commercial judgment.’
‘Brad Ward is thoughtful, focused and has a strong client service mentality. Produces quality work.’
‘Jane Holland is recognised and respected by everyone. She takes the time to understand key issues across the entire deal, to ensure the entire transaction succeeds.’
‘The Bell Gully team have great technical knowledge and attention to detail. Their advice and support is always up to date.’
‘Ian Becke has strong experience, both in New Zealand and Australia, across a variety of projects and in all phases of construction.’
‘David Chisnall is very succinct in his advice and quick to respond.’
Key clients
Auckland Transport
Tauranga City Council
Precinct Properties
PAG Real Estate
Costco
Tainui Group Holdings
Port Marlborough
Fletcher Building
Metlifecare
Waka Kotahi
West Village Capital Partners
Downer
CC Thalia Trust
Slade Health
Vital Healthcare
FountainVest Partners
Crown Infrastructure
Frucor Suntory
Lineage Logistics
Wilshire Group Limited
Westgate Residential Limited
Calibre partners
META (formerly Facebook)
St Kentigern College
Invesco Real Estate
Citibank
AA Insurance
The Royal Australian College of Physicians
Toyota New Zealand
Irongate
Abano Healthcare
Work highlights
- Advised PAG Real Estate on the completion of its forward purchase of newly-built, circa 20,000m² premium grade office building at 136 Fanshawe Street, Auckland.
- Advised Singapore sovereign wealth fund GIC on its new strategic investment partnership with Precinct Properties Limited, involving the transfer to GIC of five Precinct assets (Defence House, Charles Ferguson Building and Mayfair House in Wellington and 10 and 12 Madden St in Auckland).
- Advised Kiwi Property Group Limited on the development and leasing of a second, 6 Green Star-rated office tower at Sylvia Park, Auckland.
New Zealand > Tax Tier 1
Bell Gully advises its roster of clients on the full gamut of matters, from the tax aspects of large-scale M&A deals and property acquisitions, as well as financing and securitisation transactions, to IRD audits, private client work and transfer pricing disputes. Mathew McKay ‘provides timely, accurate and practical advice’ in IRD audits and tax-related litigation, while Willy Sussman specialises in indirect and private client taxation. ‘Client-centric’ Graham Murray leads the Auckland-based practice, focusing on the tax aspects of corporate restructurings, M&A transactions and cross-border investment arrangements. Other key members of the team include Campbell Pentney, who ‘provides excellent GST advice’, in addition to handling income tax, charity law, property taxation and customs and excise duty matters, and Hayden Roberts, who has demonstrable experience in tax disputes.Practice head(s):
Graham Murray
Other key lawyers:
Testimonials
‘The in-house collaboration at Bell Gully is a real strength, both within tax and across different areas. Another strength is the quality of the people in the Bell Gully tax team. Mathew McKay, Graham Murray and Campbell Pentney are all very capable and super-easy to deal with.’
‘Graham Murray is an absolute pleasure to work with. He is clever, calm at all times, very client-centric and a good communicator.’
‘Advice provided is always technically accurate and also commercial. Delivery time exceeds expectations and always have excellent communication from the team. All team members are very responsive.’
‘Mathew McKay leads a great team, and by example, always provides timely, accurate and practical advice. Clients prefer to have Mathew in their corner when dealing with difficult issues and negotiations.’
‘Hayden Roberts provides excellent advice and is always available.’
‘Campbell Pentney provides excellent GST advice and is very responsive.’
Key clients
Frucor / Danone
Downer group
GIC
Fountainvest Partners
Bentley Systems, Inc.
Toll Group
Ampol Limited
New Zealand Government Vaccine Strategy Taskforce
Mitsui
MTG AB
Vodafone
Air New Zealand
Various securitisation clients
Pearlfisher Capital
Work highlights
- Advising Ampol Limited on its proposed takeover of the listed fuel distributor, Z Energy via a scheme of arrangement.
- Advised entities associated with AMP Limited (AMP) and Abu Dhabi Investment Authority (ADIA) on Precinct Properties New Zealand Limited’s internalisation of management rights.
New Zealand > TMT Tier 1
Bell Gully brings ‘a wealth of experience to the table’ and is widely recognised for its ‘unrivalled’ capability in large-scale technology projects originating from the public sector, acting for major government departments on multi-million-dollar contracts. Counting domestic technology companies and multinational platforms among its key roster of clients, the team has demonstrable expertise in emerging technologies, data privacy and cyber security issues, as well as media law matters. In the firm’s Wellington office, Dean Oppenhuis leads the IT group and advises on transactions involving blockchain/NFT, artificial intelligence and augmented reality elements, while ‘multi-talented’ special counsel Susannah Shaw handles major outsourcing projects. The Auckland office is home to ‘amazingly diligent’ commercial litigator Tania Goatley, who heads the media practice, and ‘effective negotiator’ Laura Littlewood, who focuses on technology, cyber security and e-commerce matters.Practice head(s):
Dean Oppenhuis; Tania Goatley
Other key lawyers:
Susannah Shaw; Laura Littlewood; Jared McIntosh
Testimonials
‘High level expertise and sound commercial instincts to complement strict legal analysis.’
‘Jared McIntosh is always available and accurate.’
‘This team does a lot of high-value and complex TMT work. They are experts in their field and can be relied on for their commercial acumen and industry knowledge.’
‘Laura Littlewood has extensive experience in the TMT sector. She is a leader in her field, who is across all current topical issues. She is an effective negotiator and has a collaborative mindset.’
‘Their expertise in the technology space is unrivalled. Any issues are dealt with expertly and quickly.’
‘Susannah Shaw is a multi-talented lawyer who was able to seamlessly handle the full range of matters that arose during the transaction. This led to our project team being nimble and able to “front-foot” a lot of matters. At no stage was Susannah “positional” in negotiations but would instead systematically and fearlessly drill to the core of the issue in order to fully understand matters and craft a mutually beneficial solution.’
‘Tania Goatley is always available, amazingly diligent and regularly thinks outside the box.’
‘Bell Gully are able to provide staff that have a diverse range of experience globally and bring a wealth of experience to the table. They are able to provide resource in a timely manner and are able to meet the deadlines that the client has, often at short notice.’
Key clients
8i
Air New Zealand
Amazon
Apple
ASB Bank
Astrix Aeronautics
Bentley Systems
BNZ Bank
Costco
Crown Infrastructure Partners
Cyber Toa
Department of Corrections
Department of Internal Affairs
Facebook / Meta
Genesis Energy
Greater Wellington Regional Council
Graphpad
IAG Insurance
Lely
Lightspeed POS
Memnon
Metlifecare
Ministry for Primary Industries
Ministry of Foreign Affairs and Trade
New Zealand Customs Service
New Zealand Guardian Trust
New Zealand Lotteries Commission (Lotto)
Non-Fungible Labs
Partly Group
Plexure Group
Rocketlab
Statistics New Zealand
Straker Translations
Syft Technologies
Taxicharge New Zealand
The Network for Learning
Thought Machine
Universal College of Learning (UCOL)
Vodafone
Wellington City Council
Xero
NZME.
APN News & Media
Bloomberg LP
British American Tobacco
Colenso BBDO
Lime Technology
MediaWorks
Netflix Luxembourg S.à.r.l.
RadioNZ
Stuff
TVNZ
Warner Bros
Yahoo
Work highlights
- Advised Crown Infrastructure Partners, a Crown-owned company that manages the Government’s NZ$1.7bn investment in ultra-fast broadband on its Public Safety Network (PSN) project.
- Advised the Department of Corrections on the procurement of a new $180m contract for an end-to-end electronic monitoring solution for the monitoring of individuals subject to electronic monitoring sentences/orders in New Zealand.
- Advising NZME on media law matters, including the global release of the Pandora Papers, vetting articles, defending defamation and other claims, opposing injunctions and suppression orders, and copyright and other intellectual property issues.
New Zealand > Investment funds Tier 2
Bell Gully counts domestic banks, fund managers, trustee companies, superannuation schemes, listed property funds and investment platforms among its key roster of clients, and has demonstrable capability in fund formation and sponsor-side representation, as well as transactional and advisory work. In the firm’s Auckland office, practice leader Haydn Wong leverages his corporate and financial services expertise to advise on superannuation and insurance matters, funds establishment and portfolio rationalisation. The Wellington office is home to Amon Nunns, who acts for Stride Property Group - which controls one of New Zealand’s largest diversified investment property portfolios - while Auckland-based special counsel Katie Dow focuses on unit trusts, superannuation, KiwiSaver and insurance matters.Practice head(s):
Haydn Wong
Other key lawyers:
Key clients
AMP
ANZ Bank
Craigs Investment Partners
The New Zealand Guardian Trust Company Limited
Suncorp / Asteron
Covenant Trustee Services Limited
First State Investments
Guardians of New Zealand Superannuation
Stride Property Limited
Pearlfisher Capital
NZ Financial Services Group Limited
Mercury Capital Fund 3
Vital Healthcare Property Trust
AMP Haumi Management Limited
New Zealnd Funds Management Limited
Work highlights
- Advised Pearlfisher Capital on the establishment of the Pearlfisher Capital First Mortgage Fund I.
- Advised Pearlfisher Capital on the establishment of the Pearlfisher Capital First Mortgage Fund II.
- Advising Guardian Trust on a range of activities in relation to its role as supervisor of managed investment schemes.
New Zealand > Transport (rail, road, air and sea) Tier 2
Bell Gully counts some of the most well-known New Zealand-based companies and operators in the transport sector among its key roster of clients. Following the retirement of Hugh Kettle in November 2021 and the departure of Andrew Beatson in July 2022, who left to recommence his practice as a barrister, Auckland-based Torrin Crowther now leads the team alongside David Chisnall, who operates from the Wellington office. Crowther also heads the firm’s competition law group and Chisnall is a key contact for real estate matters, as well as development and construction projects, including ports, transport and infrastructure. In Auckland, other key members of the team include Ian Becke and environmental and resource management specialist Natasha Garvan.Practice head(s):
Torrin Crowther; David Chisnall
Other key lawyers:
Key clients
Air New Zealand
Auckland Transport
Waka Kotahi New Zealand Transport Agency
City Rail Limited
Port Marlborough
CentrePort
Tainui Group Holdings
Tauranga City Council
Supporting Growth Alliance
Work highlights
- Advising Auckland Transport (AT) and NZ Transport Agency (NZTA) on Te Tupu Ngātahi (The Supporting Growth Alliance), the largest professional services alliance to be established in New Zealand.
- Advising Port Marlborough New Zealand (PMNZ) on a number of projects, including the redevelopment of Port Picton, along with the development, reclamation and operational aspects of its proposed 240 berth extension to the existing Waikawa Bay Marina.
- Advised Tainui Group Holdings on a strategic project to develop an inland port at Ruakura, including the joint venture agreement between TGH and Port Tauranga for development, construction and co-investment in the project, strategic negotiations with industrial and logistics tenants and providing ongoing advice on Tainui’s strategic interests.
New Zealand > Intellectual property Tier 3
The multidisciplinary IP team at Bell Gully acts for clients across the beverages, manufacturing and consumer goods sectors on the IP-related aspects of M&A transactions and has demonstrable experience in disputes before the Court of Appeal. Following the departure of former practice leader Sooyun lee in June 2021 to form Little Tree Intellectual Property, commercial litigator Tania Goatley heads the group, where she handles trade mark infringement matters, passing off and comparative advertising issues. Other key members of the ‘efficient and responsive’ team include senior associates Jessica Miles, and Sebastien Aymeric, who is an IP litigator and patent attorney.
Practice head(s):
Tania Goatley
Other key lawyers:
Testimonials
‘Clear expertise, efficient and responsive team, providing pragmatic and commercial advice.’
‘The team is professional, approachable and well-rounded in the advice they provide.’
Key clients
Resolution Life Group Holdings Limited
Integral Diagnostics Limited
Accenture
Advent Partners
Ministry of Education
Reckitt Benckiser
Frucor Suntory New Zealand Limited
Unilever
Abbvie
BMW
The Body Shop
Carter Holt Harvey
Frucor Brands International B.V
Fidelity Life
Bentley Systems
Goodman Fielder
NZTR
Ampol
Work highlights
- Representing Frucor Suntory New Zealand Limited (Frucor) in a dispute concerning Frucor’s trade mark registration for its distinctive ‘V Green’ colour, described specifically as the colour shade Pantone 376C.
- Advised Ampol on IP matters relating to its acquisition of Z Energy.
- Advising Unilever PLC and related entities on all of its IP matters in New Zealand and Pacific Islands, including clearance of brands for use, registration of brands, infringement advice, trade mark oppositions, trade mark maintenance, and all IP-related issues.
New Zealand > Restructuring and insolvency Tier 3
The Auckland-based restructuring and insolvency practice at Bell Gully counts leading domestic banks, accounting firms and receivers among its key roster of clients, and has demonstrable capability in insolvencies, receiverships and liquidations. Practice c0-chair David McPherson is a key figure in the practice for debt restructuring and distressed debt acquisitions, as well as receiverships. McPherson jointly leads the team alongside litigator Tim Fitzgerald, who acts for lenders and insolvency practitioners on claims against debtors, directors, auditors, and insurers. Special counsel Nick Moffatt left the firm in July 2022.Practice head(s):
David McPherson; Tim Fitzgerald
Key clients
PwC
ANZ Bank New Zealand Limited
KordaMentha
McGrath Nicol
KPMG
ASB Bank
BNZ
Grant Thornton
BDO
Ferrier Hodgson
Work highlights
- Advising Worldwide Leisure Limited in a long-running dispute between two parties who claim to have an interest in the assets of Worldwide Leisure Limited, the company that owned the Huka Lodge.
- Acted for Calibre Partners as receivers of three recent receiverships.
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
The Big Picture: Understanding the new prohibition on ‘unconscionable conduct’
22nd August 2022 A new prohibition against ‘unconscionable conduct’ in trade is one of a number of changes to the Fair Trading Act 1986 that came into force from 16 August 2022. The new prohibition may have wide-ranging implications for many businesses, and could potentially lead to prolonged debate in the courts as to the types of conduct that should be considered ‘unconscionable’.Bell Gully advises Vodafone NZ on sale of passive mobile tower business to InfraRed Capital Partners and Northleaf Capital Partners alongside Infratil reinvestment
20th July 2022 Bell Gully is delighted to have advised Vodafone New Zealand Limited (Vodafone NZ) on the proposed establishment and sale of its passive mobile tower business for NZ$1.7 billion to funds managed or advised by leading global investors InfraRed Capital Partners (InfraRed) (on behalf of HICL Infrastructure plc) and Northleaf Capital Partners (Northleaf).Bell Gully report reviews 2022 GST reforms and future direction
20th June 2022 A collection of changes in New Zealand’s GST regime will keep corporate taxpayers on their toes in 2022.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.
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.
Busiest year for takeovers in a decade
8th August 2018 New 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.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.
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 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 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 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 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 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
The Big Picture: Health – A prescription for change
29th June 2022The Big Picture: Goods and Services Tax in 2022 and beyond
17th June 2022 Changes in New Zealand’s GST regime will keep taxpayers on their toes in 2022. From addressing impractical rules for GST documentation, to the taxation of cryptocurrencies, a diverse array of areas have been scrutinised and modernised.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 emergencyThe 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.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.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.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.
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.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.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."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.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.
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.
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.
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.
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.
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.
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?
New Zealand favours English approach to penalties
6th March 2018 A 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.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.
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.
“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.
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 2017 New Zealand proposes steps to keep playing in the global OTC sandpitDavid Craig, Partner | Friday 14 July 2017For 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 2016 CCH New Zealand Budget Report 2016Mathew McKay, Partner | Thursday 26 May 2016In 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 2016 Keeping the global spotlight on corruptionFiona Tregonning, Senior Associate | Tuesday 17 May 2016The 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.
Corporate Reporter – Issue No. 43
30th November 2016 Corporate Reporter - Issue No. 43Glenn Joblin and Torrin Crowther, Partners | Wednesday 16 November 2016Welcome 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.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.
Doing Business in New Zealand: a guide
29th November 2016 Doing Business in New Zealand: a guideFriday 1 April 2016In 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.
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.
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.
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