NZ Lawyer issue 8.03

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NEW ZEALAND LAWYER MAGAZINE

nzlawyermagazine.co.nz

Issue 8.3

Christchurch report | In-house 20 | IP law

IN-HOUSE 20 The hottest lawyers making waves in-house WORKING SAFE New Zealand’s new health and safety legislation six months on CHRISTCHURCH BOOMING The latest on the Christchurch legal market

TOP DOGS Duncan Cotterill’s leadership duo on spearheading success MEET THE FINALISTS ISSUE 8.3



ISSUE 8.3

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CONTENTS

@NZ_Lawyer plus.google.com/+nzlawyer facebook.com/NewZealandLawyer

UPFRONT 04 Legal insight

Legal salary expectations revealed

06 News analysis

New Zealand’s health and safety reform

08 Appointments 10 Deals round-up

FEATURES 30 State of flux

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42 FEATURES

NEW ZEALAND LAW AWARDS

COVER STORY

Meet the 2016 finalists

TOP DOGS

Life at the helm of Duncan Cotterill

What’s impact New Zealand’s IP law

PEOPLE 56 Eastern Star

A Wellington lawyer on how he became a Chinese TV star

OPINION 16 Does time poor equal money poor?

Financial advisor Laetitia Peterson shares legal insights

INHOUSE

18

20 38

FEATURES

IN-HOUSE 20

Twenty in-house lawyers making waves

FEATURES

CHRISTCHURCH BOOMING Christchurch lawyers on the year ahead

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UPFRONT

EDITORIAL

www.nzlawyermagazine.co.nz

Smooth sailing ahead

SEPTEMBER 2O16 EDITORIAL Editor Samantha Woodhill Production Editor Roslyn Meredith

CONTRIBUTORS

T

he Brexit doom and gloom is officially over, it seems. It was just months ago that half the industry’s experts were ‘identifying a market slowdown’ and predicting that the entire economy would practically unravel, while the other half dismissed the hysteria, saying we’d see no impact at all. And while wage freezes and other horrors loom over UK-based firms, many of which are rumoured to be Samantha Woodhill considering HQ moves to Dublin or continental Europe, the pending doom and gloom plaguing law firms Tasman-wide has turned out to be a proper ‘G up’ – at least for the time being. For lawyers, the next 12 months are looking breezy. A year ago, Kiwi businesses were waiting with bated breath as dairy prices began to plummet, the agri-heavy economy of Canterbury cautiously prepared for a downturn.

For lawyers, the next 12 months are looking breezy And yet the country’s legal market well and truly escaped a dairy-fuelled slump this year too, firms in this issue declaring the economy of Christchurch to be nothing short of buoyant, even as post-earthquake work begins to dry up. But the Brexit chatter has well and truly subsided now, and according to all reports Kiwi confidence is soaring. The number of high-value transactions listed on the pages that follow is well above average. Maybe it’s time to focus more on Kiwi confidence and less on a small grey island on the far side of the world. Either way, let’s keep calm and lawyer on. Samantha Woodhill, editor, NZLawyer

Libby Macdonald Laetitia Peterson

ART & PRODUCTION Design Manager Daniel Williams Designer Kat Vargas

SALES & MARKETING Sales Manager Paul Ferris Marketing and Communications Manager Lisa Narroway Traffic Coordinator Freya Demegilio

CORPORATE Chief Executive Officer Mike Shipley Chief Operating Officer George Walmsley Managing Director Justin Kennedy Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil

EDITORIAL ENQUIRIES

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NZLawyer is part of an international family of B2B publications and websites for the legal industry NZLAWYER samantha.woodhill@keymedia.com.au T +61 2 8437 4704

AUSTRALASIAN LAWYER

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Copyright is reserved throughout. No part of this publication can be reproduced in whole or part without the express permission of the editor. Contributions are invited, but copies of work should be kept, as NZLawyer magazine can accept no responsibility for loss

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UPFRONT

STATISTICS

KIWI LEGAL PAY ROBUST

THE BIG PICTURE A breakdown of salaries for solicitors and lawyers by position and firms (salaries exclude KiwiSaver and employment benefits and bonuses) shows the financial advantages associated with larger firms, particularly at more senior levels.

Two out of every three Kiwi legal professionals expect to receive a raise this year

THE NEWS is good for most in the legal industry in New Zealand, with almost two thirds expecting to receive an increase to their salary this year that exceeds CPI. This is according to the 2016 ALPMA/McLeod Duminy salary and HR survey of 69 law firms across the country. The percentage of respondents who anticipated pay bumps above CPI exceeded the corresponding figure reported the previous year (48%) by a wide margin.

Sheryll Carey, chair of ALPMA NZ, attributed the trend in part to a scarcity of candidates. “The employment market is getting tighter, with noticeable candidate shortages, so I would anticipate more increases above CPI,” she told NZ Lawyer. The survey identified “finding good people” as the top HR challenge for Kiwi law firms, while ‘employee retention’ accounted for the third most pressing HR challenge.

*Supervised workplace training **PQE = Post-qualification experience

Typical

Small typical

Medium typical

93%

of staff can expect salary increases at or above CPI

2, 033

33%

employees surveyed

97%

believe the industry has a gender pay gap

Large typical

consider their firm to have no pay gap

EXPECTING A RAISE?

TOP EMPLOYMENT BENEFITS

Almost two in every three members of staff surveyed can anticipate salary increases that at least reach, or even exceed, CPI. Only one in a hundred legal professionals can expect their wages to be subject to a freeze.

Almost nine out of 10 legal professionals are granted either a mobile phone or an allowance for the same, or some combination, as the most common form of employment benefit.

12%

Partial wage freeze/ some below CPI

100

87%

81%

80

77%

75%

74%

74%

Professional association membership

Celebrations

Company paid training

Social activities

1% Wage freeze

68%

60

40

20

0

23%

CPI only increases

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64%

Above CPI

Mobile phone or allowance

Car park

Flexible working hours


$’000

250

250

200

186

150

183 176

139

137137

121120 117 102

100

50

52 47 44 50 45 49 47 50 42 41 41 40

57 57 56

69 67 62 65 62

76

83 79 71

81 80

86

87 90

75

75

5 years PQE**

6 years PQE**

119

104 96 94 96

101

0

Graduate (SWT*)

0–1yr PQE**

1 year PQE**

2 years PQE**

3 years PQE**

4 years PQE**

Associate

Senior associate

Special counsel

Consultant

WHERE TO GO

MOST LIKELY TO…

Where to find the best-paid legal roles in New Zealand? There’s no one answer to that. The optimum size of firm varies markedly depending on the specific role and level of experience.

Respondents considering themselves most likely to receive a pay rise above CPI this year were most likely to be at the larger firms, with those at smaller firms considerably less likely to see a salary bump over CPI in 2016.

SMALL FIRMS

MEDIUM FIRMS

LARGE FIRMS

1–25 people

25–74 people

74+ people

Lawyers (4 yrs PQE) Managing partner Special counsel Admin assistant Equity partner Law clerk

Lawyers (0–1 PQE) Finance manager Lawyers (3 yrs PQE) Trust accountant Legal secretary IT support/programmer

Graduates General manager Lawyers (1, 2, 5, 6 yrs PQE) Practice manager Associates HR manager Senior associates IT manager Salaried partners Librarian CEOs/CFOs

59% Small firms (1–24 employees)

74% Medium-sized firms: (25–75 employees)

83% Large firms (75+ employees) 0

20

40

60

80

100

Source: 2016 ALPMA/McLeod Duminy New Zealand Legal Industry Salary & HR Issues Survey

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UPFRONT

NEWS ANALYSIS

WORKING SAFE Six months on from the implementation of the new Health and Safety at Work Act, Simpson Grierson’s health and safety director talks to Samantha Woodhill about why work in the sector continues to ramp up

IT WAS described as a “major step in addressing New Zealand’s unacceptable workplace death and injury toll” in 2015 by Workplace Relations and Safety Minister Michael Woodhouse. He says the new Health and Safety at Work Act “delivers a system that strikes the right balance between safe workplaces for workers and unnecessary red tape on businesses”.

New Zealand had fair warning in the lead-up to 4 April 2016, when the new health and safety legislation came into force. And yet, six months on, legal work in the health and safety practice is showing no signs of slowing down. “The length of time for WorkSafe to take prosecutions has gone from six months to 12 months,” Johnson says, commenting on

“We won’t even know necessarily what’s going to be the first action taken under the new legislation and regulations probably until March next year” Terry Johnson, SIMPSON GRIERSON Pending the changes, Simpson Grierson launched a health and safety consultancy with the appointment of Terry Johnson as director and special adviser. Johnson, who has now been in the role for almost a year, says six months on from the implementation some businesses are only now beginning to look into how to respond.

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why some businesses have left implementing any changes internally until now. “The legislation coming in on the 4th of April, they haven’t had to declare that they’re taking prosecutions against anyone at this stage. “We won’t even know necessarily what’s going to be the first action taken under the

new legislation and regulations probably until March next year.” Having communicated the changes and successfully kept businesses up to date, WorkSafe is now working to re-establish itself, focused on engagement and education rather than enforcement. “I think that is quite a big change,” Johnson says. “We’re starting to see that in terms of the way they communicate, the way they interact with clients and organisations that are associated with health and safety. Lots of reference groups, discussions, lots of communication. “So I think the first six months has been a good lead-in to what is going to come for the first prosecutions and case law. Good


lead-in, in as much as there’s been good time for people to try and understand and try to be proactive and do as much as they can,

would have been better than having to wait for a volume of case law to start seeing that meaning as well,” he says.

“The reaction generally has been pretty positive. I think, generally, people understand that there are good reasons we’re doing this” learn as much as they can, and the regulator is trying to do a good job around education as well.” Health and safety advisers will have to wait for the establishment of some new case law where definitions aren’t particularly clear, Johnson says. “Having more idea on what the intent is

No day’s the same In one of the largest shake-ups in 20 years, the new legislation has affected a broad range of Simpson Grierson’s clients, Johnson says, and the firm’s health and safety advisory business is working to put practical policies in place without overengineering processes.

“We’re working with schools around helping to do some gap analysis work with them and determine the gaps, and trying to recommend the things that they should focus on from a prioritisation perspective,” Johnson says. “We’re also working with large New Zealand top-end corporate organisations and helping with things like due diligence reviews on behalf of the board, running reports.” Johnson works on building health and safety management systems for start-ups and newer, smaller businesses which previously didn’t have such systems in place. “We’ve kind of got quite a range of both the services people are requiring and also customer size and need, which kind of keeps it interesting.” For clients, the biggest change to the legislation is the expansion of coverage of duty for directors of organisations, and the introduction of PCBU (primary duty of care) overlooking duties, Johnson says. “They also introduced the concept of one overlooking the duties, so they’re trying to ensure that two organisations, which are working in the same space but may or may not have a formal relationship, still owe duties to each other and to the workers of each organisation,” he says. But the changes mean that even organisations with effective systems in place have to review their compliance, with many finding that they need to make significant changes. Despite this, Johnson says, Kiwis are generally happy about the changes, recognising that something had to be done in order to keep the country safe. “The reaction generally has been pretty positive. I think, generally, people understand that there are good reasons we’re doing this,” Johnson says. “People understand that we probably are not doing enough in this country to avoid the big event that occurred, the serious and significant harm and injuries and the fatalities.”

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UPFRONT

MARKET MOVEMENTS

APPOINTMENTS SENIOR ASSOCIATE APPOINTMENTS

CHAPMAN TRIPP APPOINTS NEW CHIEF EXECUTIVE PARTNER Chapman Tripp appointed Nick Wells as new chief executive partner on 1 July. Wells has been at the firm for 13 years, specialising in corporate and private equity transactions and fund formation. He is a leading expert on corporate structuring for Maori, private equity and charities and has acted on some of New Zealand’s most significant transactions. “It is a privilege to lead a law firm that has been one of New Zealand’s most successful for more than 140 years,” Wells said of his appointment. “Chapman Tripp holds a strong position in the New Zealand market, with an integral role in mergers and acquisitions, disposals, takeovers, financing, insolvency, restructuring, banking, procurement processes, large-scale infrastructure projects and dispute resolution proceedings, and an increasingly global presence. “I am excited by the opportunities and challenges ahead for the firm.” He works alongside Andy Nicholls, managing partner – Wellington.

FIRM

LAWYERS PROMOTED OR LATERALLY APPOINTED

James & Wells

Jason Watch, Richard Clement

DLA Piper New Zealand

Neisha Mistry, Kelly Williams, Caroline Halliday, Victoria Waalkens, Emma Manohar, Jonathan Pitts, Emma Sweet, Shane Swinerd

Buddle Findlay

Oliver Gascoigne, Nicola Ridder

Kensington Swan

Ariana Stuart, Arie Moore, Ezekiel Hudspith, Jane Traynor

MinterEllisonRuddWatts

Katrine Kofoed, Chris Baldock, Sara Wheeler, Andrea Moore

Russell McVeagh

Daniel Williams, Emmeline Rushbrooke

Bell Gully

Philip Leightley

Chapman Tripp

Daniel Street, Peter Sygrove, Phoebe Gibbons, Luke Ford, Jared Hold, Asha Trotter, Grace Rippingale, Kirsten Todd

PARTNER PROMOTIONS FIRM

LAWYERS PROMOTED

James & Wells

Jonathan Lucas

Kensington Swan

Christina Sheard

Duncan Cotterill

Jessie Lapthorne, Kirsty McDonald, Simon Munday

LATERAL PARTNER APPOINTMENTS NAME

PRACTICE AREA

LEAVING

GOING TO

James McMillan

Litigation

Chapman Tripp

Kensington Swan

Alanya Limmer

Environment and resource management

Tavendale and Partners Limited

Buddle Findlay

Jacqueline Lethbridge

Litigation

Grove Darlow & Partners

Lowndes

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SPECIAL COUNSEL APPOINTMENTS

FOUR NEW PRINCIPALS FOR LOWNDES Lowndes has made four significant appointments to kick off the new financial year. Litigator Jacqueline Lethbridge joined the firm from Grove Darlow & Partners, bringing extensive experience in commercial and civil litigation, with a focus on insolvency and restructuring. Kathryn Hickling, Greg France and Jennifer Tunna have been promoted to principals. Hickling, a property law specialist with experience in both Melbourne and Auckland, has experience working for high-profile clients, including Lion Nathan, Coles Property Group, Commonwealth Bank of Australia, ANZ, CGU and Westpac. France, who hails from King & Wood Mallesons in the UK, has over 15 years’ experience in corporate and commercial law. He has a particular interest in IT-related matters, along with the protection and commercialisation of intellectual property. Tunna was named ‘associate to watch’ in this year’s Chambers and Partners Asia-Pacific directory. She has extensive experience in the finance sector, particularly in insolvency and restructuring. Tunna has worked on many large and complex corporate collapses in recent times, including acting for the receivers of finance companies South Canterbury Finance, Bridgecorp and Belgrave Finance.

FIRM

LAWYERS PROMOTED OR LATERALLY APPOINTED

Anthony Harper

Kevin Patterson

Kensington Swan

Helen Brown

MinterEllisonRuddWatts

Shane Johnstone

DLA Piper New Zealand

Thomas Kelly

Buddle Findlay

Blake Cescon, Myles O’Brien

OTHER APPOINTMENTS NAME

FIRM/ ORGANISATION

TITLE

Kathryn Hickling

Lowndes

Principal

Jennifer Tunna

Lowndes

Principal

Greg France

Lowndes

Principal

Tracy Tomsett

Chapman Tripp

Senior legal advisor

Sanna Boow

Chapman Tripp

Senior legal advisor

Aradhna Lal-Grech

Chapman Tripp

Senior legal advisor

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UPFRONT

TRANSACTIONS

DEALS ROUND-UP MediaWorks joint venture for the Bravo channel with NBCUniversal A MinterEllisonRuddWatts team led by Mark Forman and Richard Wells advised MediaWorks TV Limited in its joint venture with NBCUniversal for the Bravo TV channel. The joint venture saw the FOUR channel transform into Bravo New Zealand, home of the Real Housewives series, among other reality shows, including the newly launched spin-off, Real Housewives of Auckland. “The Bravo brand has been one of NBCU’s breakout successes of the last decade,” said MediaWorks group CEO Mark Weldon. “It has a coveted advertiser audience with highly talkable, engaging content that plays well on TV, and has substantial catch-up viewing audiences playing well into the binge-watching trends of our time. The fact that this is the first free-to-air partnership globally, and the first new free-to-air channel that NBCU has launched outside of the US, makes this an especially groundbreaking relationship.”

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Adviser

Client

Lead lawyer(s)

Pact Group purchase of T&G’s Fruit $21m Case Co

Kensington Swan

Pact Group

Chris Parke

Acquisition of TBS Group by Hellaby

$45m

Webb Henderson

Hellaby Holdings Limited

Michael Gartshore

Jones Young

Hellaby divestment of Equipment Group

$81m

Webb Henderson

Hellaby Holdings Limited

Michael Gartshore

Harmos Horton Lusk

Michael Hill Trans-Tasman migration scheme of arrangement

$406m

Kensington Swan

Michael Hill International

Gerald Fitzgerald

HopgoodGanim

Blackstone Group’s investment in Partners Life

$200m

Chapman Tripp

Partners Life

Tim Tubman, Rachel Dunne

Bell Gully

Acquisition of Pioneer Australia Seeds from DuPont Pioneer

Undisclosed Harmos Horton Philip Yates Family Lusk Holdings

Tim Michelson

McCullough Robertson, Allens, Henry Davis York, Buddle Findlay, MinterEllisonRuddWatts

Kirkcaldie & Stains takeover offer of Mercantile New Zealand

Undisclosed Kensington Swan

Kirkcaldie & Stains

Gerald Fitzgerald Simpson Grierson

MediaWorks joint venture with NBCUniversal for the Bravo TV channel

Undisclosed Minter Ellison Rudd Watts

MediaWorks TV Limited Mark Forman, Richard Wells

Two for nine renounceable rights offer of units in Vital Healthcare Property Trust

$160m

Harmos Horton Vital Healthcare Lusk Property Trust

Andrew Harmos, Russell McVeagh Nathanael Starrenburg

New Zealand aspects of the sale of Toshiba Corporation’s medical business to Canon Inc.

US$5.9bn

Simpson Grierson

Toshiba Corporation

Michael Pollard

Clayton Utz, Nishimura & Asahi

Acquisition by Sarandwar Trust of Undisclosed Simpson a majority interest in Macquarie Grierson Equities New Zealand Limited

Sarandwar Trust (interest associated with Warren Couillault)

Michael Pollard, Andrew Matthews

MinterEllisonRuddWatts

Sale of 100% of Chevron South Asia Holdings shares in Chevron New Zealand to Z Energy

Chevron South Asia Holdings

Simon Vodanovich

MinterEllison, Chapman Tripp

Transaction

Value (NZ$)

$785m

Buddle Findlay

Additional firms involved

Russell McVeagh


MAKE SURE YOUR FIRM’S WORK IS RECOGNISED To ensure your firm and its lawyers get the recognition they deserve for their fantastic work, send all your deal details to samantha.woodhill@keymedia.com.au

Lead lawyer(s)

Additional firms involved

Precinct Properties New Zealand Limited

David Chisnall

Buddle Findlay, Chapman Tripp, Greenwood Roche, Kensington Swan

Chapman Tripp

Maui Development Limited

Matt Yarnell, Greg Wise

Bell Gully, MinterEllison

Approx. A$165m

Chapman Tripp

Infratil

Josh Blackmore, MinterEllison, Tom Jemson King & Wood Mallesons

Acquisition of a 48% equity interest in Canberra Data Centres from Quadrant Private Equity, alongside the Commonwealth Superannuation Corporation and management

Approx. $790m

Chapman Tripp

Infratil

Josh Blackmore, King & Wood Mallesons, Sarah Denton Gilbert + Tobin, Allens

Acquisition of TBI Health rehabilitation business by a partnership led by Sothern Cross Hospitals Limited

Undisclosed MinterEllison RuddWatts

Southern Cross Hospitals Limied

Mark Forman

Gibson Sheat

Acquisition of business and Undisclosed MinterEllison assets of Duncan’s Pharmacy RuddWatts Limited, and merger of Mana Pharmacy Limited and Healthcare Wairarapa Limited

Mana Pharmacy Limited and Pharmacy Solutions Limited

Rodney Craig

Gawith Burridge

Sale of Online Republic to Webjet

Buddle Findlay

Online Republic

Grant Dunn

MinterEllison

International Bank for $875m Reconstruction and Development medium-term notes issue

Bell Gully

International Bank for Reconstruction and Development

David Craig

Asian Development Bank Kauri notes issue

$200m

Bell Gully

Asian Development Bank

David Craig

Second Kauri notes issue into the New Zealand market

$125m

Bell Gully

Landeskreditbank Baden-WürttembergFörderbank

David Craig

Acquisition of certain assets of Johnston’s Coachlines Limited

Undisclosed MinterEllison RuddWatts

Go-Bus Transport Limited

Silvana Schenone

Transaction

Value (NZ$)

Adviser

Client

Bell Gully

Sale of Maui pipeline to First State $335m Investments Acquisition of equity interest in Australian National University student accommodation

New Zealand Government’s Wellington Accommodation Project Tranche 2

Approx. $500m

$85m

Hansen Bate

Sale of Online Republic to Webjet Buddle Findlay advised Mike Ballantyne and other vendors on the $85m sale of global travel e-commerce group Online Republic to Webjet. the transaction made up of shares in Webjet and cash raised through a rights issue. The Buddle Findlay team was led by corporate partner Grant Dunn and assisted by tax partner Tony Wilkinson and corporate senior associates Benjamin Sutton and Amy Cunniffe. Online Republic is the largest online motorhome booking agent in the world and the largest online cruise booking agent in New Zealand and Australia.

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UPFRONT

TRANSACTIONS Viva Energy REIT lists on ASX Simpson Grierson advised Australian property group Viva Energy REIT on the initial public offer to New Zealand investors of stapled securities now listed on the ASX. Offered at a price of $2.20 per security, the securities implied a market capitalisation of approximately A$1.5bn. Prior to the offer, Viva Energy REIT acquired a portfolio of 425 service station sites in Australia from Viva Energy Limited, one of Australia’s leading fuel suppliers. The securities began trading on a normal settlement basis on 12 August.

Transaction

Value (NZ$)

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Client

Macquarie Group Holdings New Zealand Limited, Macquarie Capital (New Zealand) Limited

Lead lawyer(s)

Additional firms involved

Silvana Schenone, Lloyd Kavanagh

Simpson Grierson

Sale of majority stake in Macquarie Private Wealth to Warren Couillault and certain Macquarie Private Wealth employees

Undisclosed MinterEllison RuddWatts

Sale of Abano Healthcare Group Limited’s interests in Bay International Limited

$32m

Harmos Horton Abano Healthcare Lusk Group Limited

Nathanael Starrenburg

Cameron Fleming & Associates Limited

SKYCITY fully underwritten AREO

$263m

Chapman Tripp

First NZ Capital and Credit Suisse

Rachel Dunne, Philip Ascroft, Briar Malpas

Bell Gully, MinterEllison, Sullivan & Cromwell, Baker & McKenzie

Sale of Direct Capital’s stake in Scales Corporation to China Resources

$59.9m

Chapman Tripp

Direct Capital and Scales Corporation

Rachel Dunne, Tim Tubman, Philip Ascroft

Russell McVeagh

Listing of Viva Energy REIT on the ASX of stapled securities

A$966m

Simpson Grierson

Viva Energy REIT

Michael Pollard

Gilbert + Tobin

Computer Concepts sale to Spark $50m

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Adviser

Anderson Lloyd Computer Concepts

David Goodman, Chris Bargery

ARANZ Geo acquisition of 3point Science

Undisclosed Anderson Lloyd ARANZ

Sarah Simmers

Offer of shares in Pacific Property Fund

$15m

Pacific Property Fund

Michael Pollard

Restructuring of Diversified NZ Property Fund into an Australian Unit Trust

Undisclosed Bell Gully

Stride Property Limited

Amon Nunns

Russell McVeagh, Kensington Swan

Acquisition of Concrete Solutions Undisclosed Bell Gully Limited and Building Chemical Supplies Limited

Aegion Corporation

Mark Freeman

Paul May Law

Majority investment in Mataura Valley Milk

Undisclosed Bell Gully

China Animal Husbandry Group

Gleen Joblin

Hesketh Henry

Acquisition of Manner Street property, including $8.5m capital raising

$16.3m

The Wellington Company

Mark Freeman

Sale of the Panhead brewing business to Lion Group

Undisclosed Simpson Grierson

Brew Strong Limited

Don Holborow

Acquisition by ISO Limited of the stevedoring and marshalling business of Quality Marshalling Limited

$11.35m

ISO Limited

Michael Pollard

HomeAway’s acquisition of the remaining 25% of the shares in Bookabach Limited

Undisclosed DLA Piper New Zealand

HomeAway Netherlands Holding BV

Martin Wiseman

Simpson Grierson

Bell Gully

Simpson Grierson

LaBarge Weinstein LLP

Russell McVeagh



UPFRONT

TRANSACTIONS Acquisition of Pioneer Australia Seeds from DuPont Pioneer A Harmos Horton Lusk team led by Tim Michelson has advised Philip Yates Family Holdings on its acquisition of Pioneer Australia Seeds from New York-listed DuPont Pioneer. Pioneer Australia Seeds, which was renamed GenTech Seeds following the acquisition, includes the production, sales, marketing and distribution of corn, sorghum and conola in Australia. Philip Yates Family Holdings has distributed Pioneer products in New Zealand for a number of years. Philip Yates Family Holdings managing director William Yates said Pioneer was “a natural fit that will allow us to extend our commitment to provide farmers with the very best seed genetics and related services in the years to come”.

Transaction

Value (NZ$)

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Client

Lead lawyer(s)

Additional firms involved

Carve-out of Toops Wholesale Limited's Wellington wholesale grocery and merchandise business from Foodstuffs North Island Limited and sale to Wellington Wholesale Foods Limited The Dow Chemical Company and E.I. du Pont de Nemours and Company (joint instruction) Joint instruction on competition filing for Fairfax/NZME merger Implementation of Fairfax/NZME merger Sale of Tasman Bay Forests Company's timberlands and related assets New Zealand Superannuation Fund’s underwritten block trade in Z Energy Marlborough Wine Estates Group NXT listing Issue of ANZ Capital Securities

Undisclosed DLA Piper New Zealand

Foodstuffs North Island Limited

Martin Wiseman Succeed Legal

US$130bn

Dow Chemical Company and DuPont

Sarah Keene

Undisclosed Russell McVeagh Undisclosed Russell McVeagh $370m Russell McVeagh

Fairfax and NZME

Sarah Keene, Tim Clarke Pip Greenwood

Chapman Tripp

Tasman Bay Forests Company

David Raudkivi

Chapman Tripp

$291m

Russell McVeagh

Pip Greenwood

$58m

Duncan Cotterill Russell McVeagh

Acquisition of a 34% stake in Mitsubishi by Nissan

JPY237bn

Acquisition of Academic Colleges Group by Pacific Equity Partners

Undisclosed Russell McVeagh

HRL Morrison & Co, Guardians of New Zealand Superannuation Marlborough Wine Estates Group Limited Australia and New Zealand Banking Group Limited Nissan Motor Co. Ltd/Mitsubishi Motor Corporation Pacific Equity Partners

Chapman Tripp

AUB Group NZ Limited

Tim Williams, Phoebe Gibbons

Chapman Tripp (in relation to New Zealand aspects of the deal) Chapman Tripp

LP Group BV (a consortium of long-term investors)

Tim Williams, Linklaters Phoebe Gibbons

Vista Group International Limited

John Strowger

Chapman Tripp

Augusta Capital

Pip England

US$1bn

AUB Group NZ Limited’s acquisition $35m (postof 100% shareholding in Runacres completion and Associates Limited adjustment undisclosed) LP Group BV’s acquisition of a EUR3.7bn 100% shareholding in LeasePlan Corporation NV (resulting in an indirect acquisition of LeasePlan New Zealand Limited) Vista selldown by founder $100m shareholders of part of their escrowed equity Augusta’s purchase and $70m $70m capital raise for Building A, 4 Graham Street 14

Adviser

Russell McVeagh

Russell McVeagh

Fairfax and NZME

Cleary Gottlieb Steen & Hamilton, Skadden, Arps, Slate, Meagher & Flom

Matt Yates Fred Ward

Sarah Keene, David Hoare David Hoare

Latham & Watkins, Mori Hamada & Matsumoto Chapman Tripp, DFDL Vietnam and DFDL Indonesia (in association with Mararam Partners) Webb Henderson



UPFRONT

OPINION

Does time poor equal money poor? Busy legal professionals could benefit from financial advice to help them manage their personal finances, writes Laetitia Peterson

LAWYERS SPEND a great deal of their professional and personal lives looking after the affairs of others, so much so that many fall prey to the ‘plumber’s leaky tap syndrome’. This can have a deleterious impact on the state of their finances. Could this be the reason for lawyers’ tendency to keep working well beyond the usual retirement age, or do they simply love their jobs so much that they can’t imagine life without the thrill of the law? These observations sparked my curiosity. In preparation for writing the book Legal

the personality type that ranked “Ensuring sufficient assets to provide for my family’s security and well-being” as the highest priority. As the name suggests, a Family Steward’s dominant focus is to take care of family members. Lawyers are keenly aware that without careful planning hard-earned wealth can easily be dissipated in a generation or two. The phenomenon of the fleeting fortune is so well recognised that it has inspired the saying ‘Shirtless to shirtless in three

Lawyers are keenly aware that without careful planning hard-earned wealth can easily be dissipated in a generation or two Tender, which explores the relationship lawyers have with their money, data was gathered from 61 lawyers who were posed a myriad of questions about their finances, their family, and their future. A key result from the survey was that 93% of the lawyers interviewed identified with a ‘Family Steward’ money personality; that is,

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generations’. The first generation works hard, lives frugally and creates a fortune. The second attends university, leads an affluent lifestyle and enters high society, before the third spends the fortune, grows up in luxury and does nothing. A major component of wealth creation is the process that is adopted to manage it.

Interviewees were asked to choose one of three options as their ideal level of involvement in managing their finances: a preference to delegate management to someone they trust; the option of being engaged in managing and monitoring; or to have a comprehensive framework in which to make decisions. The ideal could, of course, be very different from their current situation, given that 15% admitted to having no wealth strategy at all. A clear majority of 52% would prefer to make financial decisions within a


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E: samantha.woodhill@keymedia.com.au

respondent summed it up: “Too much to organise already with social and personal life – way too many things going on!” The time-consuming process of wealth management requires an ability to act and react at a moment’s notice. The average time spent by lawyers on managing personal finances during a regular seven-day week was 2% (as against that spent working; with family and friends; and recharging batteries). Apart from paying bills, not much can be achieved in one to two hours each week, let alone designing, managing and monitoring a comprehensive plan to take care of your finances over a lifetime. For the mathematically inclined, this simple formula defines Wealth Management (WM):

WM

=

IC + AP + RM

comprehensive framework. They want to make the ultimate decisions without having to deal with the minutiae – an understandable choice, since lawyers work long hours, sometimes seven days a week, and prefer to spend their limited down time with friends and family, rather than monitoring their finances. While wanting to maintain an element of control, delegating day-to-day monitoring to a trusted adviser would be their ideal model. Some viewed financial management as a ‘chore’, to the extent of saying “I hate

finance”, and, in typical phobic fashion, “Money of itself has no interest for me – it doesn’t give me a kick”. Of the 25% who chose this option, some were mindful of potential insider-trading breaches, believing it ethically critical to create a ‘Chinese wall’ between their legal practices and their personal finances. Just under a quarter chose engagement in the daily management and monitoring of their finances. Several keen to upskill in finance said they did not currently have the time to do so. This comment from one

Investment Consulting (IC) involves managing investments over time to preserve capital and help clients to achieve their financial goals. Advanced Planning (AP) looks beyond investments at four subareas: Wealth Enhancement, Wealth Protection, Wealth Transfer and Charitable Giving. Relationship Management (RM) is the final element in the wealth equation. A good financial adviser balances and maintains client relationships with the other professionals involved in their clients’ individual wealth management plans.

Laetitia Peterson is an authorised financial adviser, founder and CEO of The Private Office, and author of Legal Tender: Enduring Wealth Management for Busy Legal Professionals.

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FEATURE

IN-HOUSE 20

INHOUSE NZLawyer reveals the country’s hottest in-house lawyers

Supported by

20

COMPILING A list of just 20 remarkable in-house lawyers is never an easy task. In this issue, we’ve selected a range of lawyers who are making their mark, working to lead and innovate. This list aims to showcase the breadth of in-house talent in New Zealand, working in some of the country’s biggest companies and on some of the biggest deals.

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CAROLINE BEAUMONT Coca-Cola Amatil New Zealand Caroline Beaumont was appointed general counsel at Coca-Cola Amatil (NZ) in 2007. She also holds the distinction of being the first female director of the iconic brand’s New Zealand operations, which are now over a century old. Managing the legal department of a major organisation with multifaceted relationships and a diverse range of companies and communities, Beaumont’s role is necessarily challenging and fast-paced. She takes a pragmatic approach to her work, making sure people know they can easily come to her for advice and that the advice she gives is what they need rather than the advice they think they want. Beaumont completed her Master of Laws at Queen Mary University of London, and subsequently her Law Society Finals at Lancaster Gate College of Law. After starting her career at Nabarro in London, she relocated to New Zealand where she practised at a number of New Zealand’s leading firms: Rudd Watts & Stone, Bell Gully and Russell McVeagh, as well as international brands Vodafone and Transfield Services. She is an ExCo member of New Zealand Football as well as the In-House Lawyers Association of New Zealand.

MELISSA ANASTASIOU Spark New Zealand Melissa Anastasiou joined Spark New Zealand in 2009. She held key legal roles across a broad range of business functions before being promoted to lead the legal team in 2012. She joined the firm when it was still Telecom New Zealand and helped navigate the demerger from Chorus in 2011, ensuring that the company emerged from the change on a solid footing. She was also the company’s general counsel when it rebranded to its current name in 2014. Before joining the telecommunications firm, Anastasiou spent a decade in the UK. There, she held roles at Linklaters London, where she specialised in commercial law, and at Telefónica O2 UK. Anastasiou started her legal career at Minter Ellison Rudd Watts in Wellington after completing her law degree at Victoria University in 1996.

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IN-HOUSE 20 ADAM PELL New Zealand Police Adam Pell graduated from Waikato University with an LLB and obtained a master’s degree (first class honours) in law the following year. Since graduating Pell has practised taxation, criminal and civil law all over New Zealand, while based in Auckland. He is the Waikato police prosecution liaison for the Criminal Investigation Branch and Child Protection teams. He is also a Waikato BOP Law Society council member, and the ILANZ convener for the Waikato region. He is the only prosecutor in the NZ Police mentoring program, which was designed to give back to the organisation and help others. Part of his role at the Law Society was to facilitate CPD hours for the local profession, and he has since taken on a new role hopefully bringing more in-house private and public sector lawyers into the Law Society for collegiality. I applied for and have been successful in obtaining the principal prosecutor role for the Waikato region, and this is the first time this role has been available outside the Police National Headquarters area.

PITA WILLIAMS QBE Australia & New Zealand Pita Williams is general counsel of QBE’s Australia and New Zealand operations and has helped guide the insurer through significant growth and business transformation over the last 13 years. Leading a team of 22 legal and compliance professionals at QBE, Williams’ role as general counsel provides her with a unique insight into the operations of the company, and she has played a key role in managing financial crime, dispute resolution, technical training and professional indemnity claims. While she began her career with a focus on intellectual property and IT, Williams has developed a deep knowledge of insurance and financial services law during her 25 years in the industry. Over this time she has seen considerable changes in the insurance environment, including demutualisation and consolidation, challenger entrants, the implementation of major reforms such as the FSR, and an increasing focus on legislative change and regulatory oversight.

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ANDREW CORDNER Fonterra Co-operative Group Limited

MIKE BROOKER Foodstuffs After nearly 20 years in private practice, including nine years as a partner at international law firm DLA Piper, Mike Brooker was offered the opportunity to set up an in-house legal team at key client Foodstuffs. He has been in that role for nearly seven years and has shaped the legal function from its inception. He has been a member of the executive team for most of that period. Foodstuffs is one of New Zealand’s largest organisations. It operates a franchised supermarket, grocery store and liquor store retail network and a wholesale network. Foodstuffs trades under some of New Zealand’s oldest and most recognised brands. The business is a co-operative owned by its members, and its head office provides a full range of services, including purchasing, logistics, store development, operator selection and training, marketing, IT and financial services, to its members. Brooker works across the entire business providing a very wide range of services and utilising a small in-house team and a range of external providers. He is extremely passionate about the business and enjoys the huge variety and fast pace.

Leading the legal team at New Zealand’s largest company, which has direct business interests in more than 100 markets, Andrew Cordner certainly has his hands full, but he is well equipped to handle the job. He has been at Fonterra since 2007 and has provided legal counsel in different operations of the firm, which collects 22 billion litres of milk every year. Cordner has served as general counsel for Fonterra’s Nutrition, Latin American, Global Ingredients and Foodservice business units, and was appointed group general counsel in 2014. Recent major transactions and initiatives overseen by the legal team include the establishment of the Beingmate joint venture, the Abbott China dairy farm alliance, the sale of the group’s yoghurt and dairy dessert business in Australia, the provision of $390m in support loans to its New Zealand farmer shareholders, and the Nestlé DPA alliance realignment in Latin America. The team is also currently working on the review of the Dairy Industry Restructuring Act – the legislation under which Fonterra was formed; on supporting various key initiatives in Fonterra’s Velocity business transformational program; and on the claims made against Fonterra by Danone as a result of its WPC80 precautionary recall in 2013. The team was recently awarded NZ In-house Team of the Year at the 2016 Australasian Law Awards. Cordner is leading the Fonterra Group legal team in shaping a more cooperative culture – both within the firm’s myriad business units and with outside counsel and regulators – to improve efficacy in responding to business needs, further the company’s strategic position, and explore potential for growth. Before coming to Fonterra, Cordner was a corporate law partner in Boston-based international law firm Foley Hoag, which recently made headlines for successfully winning a historic international arbitration case for the Philippines against China in connection with China’s claims over the South China Sea. There, he specialised in M&A, securities, private equity fund formation and portfolio investments, general corporate and commercial advisory work, and international transactions. Cordner – who is licensed to practise law in New Zealand, the UK and the US state of Massachusetts – has an LLM from Duke University and an LLB (Hons) and BCom from the University of Canterbury.

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FEATURE

IN-HOUSE 20 CRAIG MULHOLLAND ANZ New Zealand ANZ’s legal team comprises 220 people spread across 34 countries. Twenty-nine of those lawyers are based in the New Zealand market, which contributes around 25% of ANZ’s net profit globally. As general counsel and company secretary for the bank in New Zealand, Craig Mulholland provides legal support throughout the business and is constantly liaising with lawyers in other jurisdictions. The ANZ New Zealand legal team is highly regarded in the market for their expertise, customer focus and professionalism. In addition to the wide range of issues Mulholland and his team advise on, with the extensive legislative reforms in New Zealand recently impacting on the financial services sector and ANZ’s drive for simplification, they have recently been involved in updating the bank’s document suite so that documents are customer focused and written in plain English. The project has been recognised by a number of WriteMark awards for plain English drafting. Mulholland previously worked at Telecom New Zealand, where he had a wide range of legal and commercial roles, including overseeing the legal requirements for the telco’s listing on the NZX, ASX and NYSE.

JEREMY SALMOND New Zealand Treasury Few legal teams have had as interesting a ride in recent years as the lawyers behind the New Zealand Treasury. Solicitor and manager Jeremy Salmond has overseen the Treasury’s legal work on the restructuring of Solid Energy; the Meridian, Mighty River and Genesis IPOs arising out of the mixed-ownership program; the block trade of Air New Zealand shares; and the response to the Christchurch earthquakes. Since joining the Treasury’s legal team more than a decade ago, Salmond has also advised on the Rugby World Cup joint venture and the government’s response to the GFC. More recently, Salmond and his colleagues have been providing significant support to the Treasury team leading the government’s initiatives to develop a more innovative social housing sector. In addition to running the Treasury’s legal function, Salmond manages the ministerial advisory, administration and facilities teams. In 2014, Salmond spent six months on secondment to the Department of the Prime Minister and Cabinet, where he was acting deputy secretary of the Cabinet and provided constitutional advice to the prime minister and Cabinet about good process and good government, as well as overseeing the awarding of the Royal New Zealand Honours. As a result of his experience, Salmond has become a vocal proponent of secondments for in-house lawyers working in government, and of the growing push within the bureaucracy to encourage thinking about how the system as a whole operates and can be improved.

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ANDREW PENN AMP Capital Investors New Zealand As executive legal counsel for New Zealand’s second-largest fund manager with $17bn under management, Andrew Penn is responsible for legal, risk and regulatory compliance functions. Beginning his career at Gillespie Young Watson before a stint at Buddle Findlay, Penn took up the position of senior legal counsel at AMP Capital in 2007, specialising in commercial property law. Penn oversaw the company’s successful transition of its 24 retail funds to the FMCA regime as one of the first to obtain a manager’s licence, restructuring by splitting the retail funds from 38 wholesale funds. Focused on achieving a successful outcome for the business, Penn interacted with all key stakeholders managing the project. His career also spans several years of representative first class and international cricket.

TAKESHI ITO Millennium & Copthorne Hotels New Zealand Limited Takeshi Ito is the sole legal counsel and company secretary of the group of companies operating under the MCK banner since 2004. Responsible for the legal function of two NZX-listed companies, Ito is required to have a detailed and diverse knowledge of a range of aspects of the law, from human resources to commercial law and property. Recent work has included transactions involving a Chinese property developer, litigation in Australia, and submissions on the Proposed Auckland Unitary Plan. Ito is a Fellow of the Chartered Institute of Secretaries and Administrators and is currently on the executive committee of the Listed Companies Association. He holds a Bachelor of Laws and a Bachelor of Arts (Japanese) from the University of Auckland.

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IN-HOUSE 20

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KATHERINE ANDERSON

PHILIPPA MCKEGG

Auckland Council

Waste Management NZ Limited

Heading up the 50-person legal team at Auckland Council, Katherine Anderson is responsible for one of New Zealand’s largest in-house legal teams. The council itself is the largest territorial authority in the Southern Hemisphere, with more than 8,000 full-time employees, $46bn in assets across the group, and an investment program of $18.2bn over the next 10 years. Anderson is heading up the Auckland Unitary Plan, the biggest and most complex planning exercise to ever be undertaken in New Zealand, as well as a raft of major projects, including the Harbour Bridge SkyPath, the City Rail Link and the Auckland Plan, which sets out the Maori Responsiveness Framework outlining the relationship between the Auckland Council, mana whenua and Mataawaka. The challenges of rapid growth facing the city also create complex legal issues. For example, the council is currently working on an alternative sources of financing program (rather than relying on rates and debt financing) to fund a major infrastructure investment shortfall. Anderson was previously general manager, policy, performance and legal, of the New Zealand Police in Wellington. She received a Police Commissioner’s Commendation for her leadership of the Police’s participation in the Pike River Royal Commission. In 2013, she was appointed as a member of the Human Rights Review Tribunal. Her strong leadership was reflected in her team winning the In-House Team of the Year Award at the 2015 New Zealand Law Awards.

Philippa McKegg heads up the legal team at Waste Management NZ Limited, New Zealand’s largest waste management services provider. The company owns and manages a network of world-class modern, sustainable landfills, material recovery facilities and refuse transfer stations throughout the country, utilising one of the largest truck fleets in New Zealand. McKegg played a crucial role in the $950m sale and complex transition in ownership of Waste Management from its previous Australian owner over to Beijing Capital Group. Prior to that she saw the company through a lengthy consolidation process involving the restructuring and divestment of a number of businesses, including the industrial services division, which was sold as three separate businesses. She also advised the business on the urgent establishment of the landfill at Burwood after the Christchurch earthquake in 2011. Since the sale to Beijing Capital Group, McKegg continues to work on further acquisitions and the development of new infrastructure assets throughout NZ. She also advises the risk committee of the board on the top risks facing the business and runs programs across the business for competition law and health and safety law compliance. McKegg, who hails from Russell McVeagh, worked at Clifford Chance in London before taking up a vice presidency role at Bankers Trust/Deutsche Bank in London. She spent five years as corporate counsel at Tranz Rail/Toll Holdings before taking up her current role at Waste Management. She holds a Bachelor of Laws (Hons) from the University of Auckland.

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DAVE WHITERIDGE New Zealand Transport Agency Led by chief legal counsel Dave Whiteridge, the New Zealand Transport Agency’s legal team enjoy a varied role that sees them acting on complex regulatory, investment and infrastructure development work. As legal advisers to New Zealand’s largest infrastructure developer, Whiteridge and his team have helped to deliver the country’s biggest roading project – the $1.4bn Waterview Connection – and the $1bn Transmission Gully project as a public-private partnership. They’re currently focused on helping to deliver a significant infrastructure program, including the various Roads of National Significance and the Auckland Accelerated Transport Programme, and concluding another publicprivate partnership to deliver the Ara Tuhono Puhoi-Warkworth project. The team has previously been recognised for their collaborative partnering approach with their external legal providers, and their contribution to innovative transactions such as the use of a planning alliance to obtain the consents needed for the Ara-Tuhono PuhoiWarkworth project, which involved lawyers as non-owner participants in the alliance. One of Whiteridge’s team also developed an impressive system for responding to more than 9,000 submissions received through its involvement in the Auckland Unitary Plan process, and the more effective utilisation of external experts. They have also helped to facilitate the successful transfer, integration and continued operation of a local council’s manual toll road into the Agency’s electronic tolling network.

RICHARD SHINE AIG Insurance New Zealand Limited Working closely with teams in Australia, Singapore and New York that are part of the company’s global network, Richard Shine heads up the legal, compliance and regulatory team at AIG New Zealand. Under his leadership, the AIG New Zealand legal team has been recognised as the Insurance In-house Team of the Year at the NZ Law Awards in both 2015 and 2014. Shine was named an honoree in the New York State Bar Association’s President’s Pro Bono Service Awards and received the ACC Value Champion award from the Association of Corporate Counsel in 2015. He acts as the vice-chair of the Regulatory Committee of the Insurance Council of New Zealand, recently providing support on the revision of New Zealand’s Fair Insurance Code. Before moving in-house, Shine was a corporate partner at Reed Smith in London. He completed a bachelor’s degree in law and psychology at the University of Otago, followed by a master’s degree in law at the University of Auckland.

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FEATURE

IN-HOUSE 20 DOMINIQUE UNKOVICH BurgerFuel Dominique Unkovich, the sole in-house lawyer at BurgerFuel, plays a key role in the BurgerFuel group, handling a myriad of legal issues, including business agreements with partners, public market compliance, as well as employment, health and safety, dispute resolution and even litigation issues. Unkovich – along with the CEO, CFO, GM and other heads of department – is part of the firm’s leadership team. One of the most significant undertakings she has been involved in is the recent deals between BurgerFuel and companies related to the Subway restaurants franchise. Heavily involved in legal matters concerning BurgerFuel’s expansion into the US, she regularly liaises with Subway’s US-based attorneys. Unkovich is responsible for preparing and negotiating terms with suppliers and franchisees, in New Zealand, Australia and the Middle East, where the company also has a significant presence. She also ensures compliance with public listing rules, health and safety, employment and franchise law locally and internationally. Unkovich has conducted litigation in both the District and High Courts against a third party this year, as well as negotiated successful resolutions with other external parties without resort to the courts. Aside from all of these concerns for a growing international brand, Unkovich also manages BurgerFuel’s global IP portfolio, which has registrations in more than 100 countries. She recently oversaw the protection of BurgerFuel’s IP in India through litigation. Moreover, she gives advice to BurgerFuel’s marketing department regarding local and international advertising and brand strategy.

ANTON SHEAD Goodman NZ Anton Shead took up the role of general counsel and company secretary at Goodman NZ in 2010. He oversaw the firm’s joint venture with Singapore’s GIC, the first of its kind, valued at $313m. He was also heavily involved in the firm’s acquisition of the balance of Highbrook Business Park in 2012 and the development of the flagship asset, Fonterra HQ. He has also been involved in developing the structures for funding the business, noting that the business now has a diverse debt book with external debt, listed bonds, wholesale bonds and US private placement notes. Before joining Goodman, Shead was a senior associate at Bell Gully after stints at Herbert Smith’s London office and Buddle Findlay. Responsible for the firm’s compliance and legal needs, Shead has turned Goodman’s legal team into more than just a reactive function, making it an integral part of the business. Shead notes that the key to being a successful general counsel is being prepared to learn from those around you so you can more particularly assist the business with its objectives.

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LARISSA VAUGHAN Kiwibank Larissa Vaughan has been with Kiwibank since mid-2013 and now heads the Legal Services Wealth Team of the organisation, drawing acclaim for her work on the Financial Markets Conduct Act 2013 (FMCA). She has provided legal advice and regulatory and corporate governance services to Kiwibank and Gareth Morgan Investments (GMI), where she was company secretary and the first to ever acquire a discretionary investment management services licence under the FMCA for GMI. This involved navigating new legislation and processes and liaising between GMI and the Financial Markets Authority (FMA). Their success in obtaining the licence was largely a credit to Vaughan and her small in-house team. In both her roles at Kiwibank and GMI, Vaughan has helped improve the efficiency of the operations she is overseeing. Working with Kiwibank’s sister firm, she was key to the Kiwibank KiwiSaver Scheme’s transferral to GMI’s Kiwi Wealth KiwiSaver Scheme in 2014. She is also the lead lawyer for Kiwibank’s digital strategy and in 2015 was named Kiwibanker of the Year. No stranger to establishing and optimising teams, Vaughan previously worked at the FMA in 2011 and launched its litigation function. She did the same as an associate general counsel at ANZ, where she worked from 2001 to 2011. Vaughan started her career as a solicitor at Kensington Swan from 1994 to 1997. She then became a corporate lawyer at Bank of New Zealand. Vaughan also had stints at UK firms Woolwich plc (now Barclays Bank) and Henderson Global Investors as legal adviser and legal manager respectively.

TROY SWAN Staples Australia and New Zealand Troy Swan is head of legal and company secretary at Staples in Australia and New Zealand, a role that has required him to direct various key changes in a rapidly evolving business. With a growing legal team, Swan has supported the business in its effort to venture into uncharted waters as demand for the traditional business of selling office supplies wanes. He led a digitising effort, allowing internal clients to request legal assistance, while systematically raising the organisation’s legal IQ. Since joining Staples in 2012, Swan has been involved in the restructure and rebrand from Corporate Express following the US$1bn acquisition, as well as the US$6.3bn OfficeMax acquisition, which included a lengthy approval process from antitrust regulators in both Australia and New Zealand.

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FEATURE

IN-HOUSE 20 CHARLES BOLT Fletcher Building Charles Bolt was appointed general counsel and company secretary in 2013, after joining the company as corporate legal counsel in 2002. Bolt, who hails from Bell Gully, spent three years working as a lawyer at the New Zealand Stock Exchange. Under Bolt’s leadership, the legal team undertook a six-month negotiation related to the sale of the company’s steel manufacturing business, Pacific Steel, to Bluescope Steel in Australia, and successfully defended a trademark genericism claim in the High Court regarding the use of the term ‘batts’ in insulation. In 2013, Bolt developed a global central legal services function to improve cooperation and engagement across a large legal team based in offices across three continents. The strategy led to a significantly greater resource without an increase in overheads. The central legal function boasts the highest engagement of any corporate function. He holds a Bachelor of Laws from Victoria University of Wellington and completed the Senior Executive Programme at Columbia University in New York in 2009.

SARAH GILLIES CoreLogic CoreLogic is a leading property information, analytics and services provider in the US, the UK, Australia and New Zealand. Sarah Gillies is CoreLogic’s general counsel, international, based in Wellington and heads up the legal team for CoreLogic’s international business. The company provides dynamic and innovative technology-based services and solutions to clients across the banking, finance, insurance, real estate, property, utilities and general commercial segments. Gillies started her legal career in private practice at Minter Ellison before moving over to the legal team at Telecom New Zealand Limited (now Spark) in 2005. She held a number of roles at Telecom at a time when the business and the telecommunications industry were undergoing significant change. Having begun working at Telecom in the Competition and Regulatory team, she then moved into a key role supporting the Gen-i business. During this time she also joined the committee of the In-House Lawyers Association of New Zealand and was conference director for their annual conference in 2013. Gillies returned to private practice at Duncan Cotterill before joining CoreLogic in 2014 to set up the legal function for CoreLogic’s New Zealand business. In February 2016 she was appointed general counsel, international, and now serves on the executive team for the wider international business.

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INTELLECTUAL PROPERTY

STATE OF FLUX World events this year could have a significant impact on New Zealand businesses, IP lawyers say THIS YEAR’S Brexit vote, combined with the pending US election, is threatening to throw a spanner in the works for IP lawyers. Despite the increasing number of New Zealand businesses looking to enforce IP rights, Britain’s formal exit from the European Union and the signalled nonsupport of the Trans-Pacific Partnership (TPP) agreement by both US presidential candidates, Donald Trump and Hillary Clinton, could significantly impact on IP rights in New Zealand. Baldwins partner Wes Jones says that while there’s no rush to make any immediate decision, as UK intellectual property rights will continue to have the same protection until the UK formally leaves the European Union, businesses should be beginning to think strategically about the best course of action. “Although there’s no immediate impact on EU patent holders, if considering a European patent, a precautionary UK application is

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also something to be considered,” he says. “We are advising our clients that there is no need to rush into any decision about their EU and UK rights, but that they should be thinking strategically about how best to ensure their rights in the future as a result of the uncertainty created,” he says. A J Park managing partner Damian Broadley highlights the changes expected to come with the TPP agreement, and the uncertainty of US support post-election. “The Trans-Pacific Partnership will bring changes around copyright, patent term extensions, data exclusivity, geographical indications, and the enforcement of copyright and trademarks at the border,” he says. “It will be interesting to see if anything changes post-US election.” And across the Tasman, Broadley says the potential changes afoot in Australia may trigger further flux for Kiwi IP lawyers. “We’ll be keeping a watchful eye on how the recommended changes from the

Australian Productivity Commission play out,” he says. “Sweeping changes to the patent system as well as the systems for protecting trademarks, copyright, plant varieties and design in Australia are potentially on the cards.”

Increasing appetite Creative IP director Rachel Colley says that as businesses become increasingly IP-savvy, the sector is becoming more competitive and a number of ‘DIY’ IP services are appearing on the market. “Many intellectual property offices actively encourage the public to ‘have a go’ and selffile, and keep filing fees low to incentivise this,” Colley says, adding that proving relevancy as a specialist in the market is becoming an increasing challenge. “I’ve had a lot of interesting conversations in which I’ve been asked about the value-add of using an IP specialist from the outset.


ACROSS THE DITCH In July of this year, the Select Committee for the Single Application Process (SAP) and Single Examination Process (SEP) schemes recommended that the New Zealand Parliament pull the pin on the schemes. The SAP and SEP were proposed to streamline the process for patent applicants in Australia and New Zealand. But submitters to the Bill said the schemes were not needed, saying the benefit would be extremely limited. The committee concluded that due to the differences in patent law in Australia and New Zealand, the time and cost savings would be small but the cost of implementing the necessary IT infrastructure would be high. “So for the foreseeable future it’s business as usual, with separate patent applications and examination in Australia and New Zealand. However, joint regulation of the profession will proceed,” Broadley says. While the SAP and SEP have been shelved, Broadley says the outcome of the Australian Productivity Commission could mean changes for New Zealand businesses. “We’ll be keeping a watchful eye on how the recommended changes from the Australian Productivity Commission play out,” he says. “Sweeping changes to the patent system as well as the systems for protecting trademarks, copyright, plant varieties and design in Australia are potentially on the cards.”

“A key challenge remains balancing clients’ expectations around IP protection in a global market against budget.” But despite the challenges, Colley says the firm has been busier than ever. “We’re seeing a greater willingness in clients to enforce their IP rights, either to ensure infringing activity stops or to open the door to negotiating commercial opportunities such as the infringer taking a licence,” she says. “We’re now seeing more applications being filed, both here in New Zealand and overseas, to ring-fence our clients’ products and give them the competitive edge from the monopolies granted by registered protection.” Broadley agrees, saying that for AJ Park the sector remains busy. “Our IP strategy and commercialisation

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INTELLECTUAL PROPERTY services are increasingly sought by business owners and board members looking to raise the IP quotient within their organisation as a driver of competitive advantage,” he says.

Geographical Indications (Wine and Spirits) Registration Act 2006 In July, Commerce and Consumer Affairs Minister Paul Goldsmith announced the beginning of a consultation process on proposed regulation that would allow wine and spirit makers to register geographic origins of their products. With an export industry valued at $1.5bn, it’s no surprise that New Zealand is looking to protect the reputation of its exported wines. Wine makers, and IP lawyers, await the release of a report by the Select Committee, due in early September. “Geographical indications have been a long time coming and it will be interesting to see if when put in place whether or not New Zealand businesses take up the chance to register geographical indications as part of their brand protection strategy,” says Jones. “Once in force, the GI Act will establish a registration system for geographical indications in New Zealand.”

IN A NUTSHELL

“For the foreseeable future, it’s business as usual, with separate patent applications and examination in Australia and New Zealand. However, joint regulation of the profession will proceed” Damian Broadley, AJ PARK MANAGING PARTNER

“In the wider scheme of things, the IP sector is not exempt from the general landscape changes of the legal sector – digital disruption, changing client expectations and cost pressures” Wes Jones, BALDWINS MANAGING PARTNER

State of the market Business focus on innovation across the board is contributing to IP growth. But the number of clients in wine or food production, as well as producers of primary and natural products, are growing as they drive expansion locally and internationally, Jones says. “On the other side of the coin, there is still a lot of NZ-based work for foreign clients in premium brands as well as those in the medical and pharma industries,” he says. AJ Park is continuing to see growth in the SME sector, Tasman-wide. Broadley says the growth is sector-wide, “particularly from companies looking to expand through export”. “Interest in China remains high, and we’ve seen a significant uplift in both IP protection and enforcement in the Greater China region.” And as demand for IP becomes increasingly

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“The TTP with the attendant changes to the New Zealand IP regimes continues to hang over us, but at the moment is a cloud on the distant horizon. The New Zealand Patents (Trans-Tasman Patent Attorney and Other Matters) Amendment Bill created considerable comment among the profession but appears to have died a death. RIP” Rachel Colley, CREATIVE IP DIRECTOR


global, local IP lawyers are seeing the emergence of more and more global players in the market. “A few years ago we saw an emergence of a handful of large, truly global accounting firms, the big four, with lots of small firms chipping away on the outskirts,” Broadley says. “With the market becoming more and more saturated, we’re predicting a similar course for IP law firms globally. “We expect to see a mix of a few large, possibly listed firms expanding regionally and internationally through acquisition, and boutique operators setting up shop to compete in narrower niches.” Colley echoes these sentiments, saying competition in the market is fierce. “A key challenge remains balancing clients’ expectations around IP protection in a global market against budget,” she says.

NITTY-GRITTY Trademarks

Copyright

Baldwins managing partner Wes Jones says the proposed changes to the Trade Marks Act 2002 shouldn’t have a significant impact on New Zealand businesses. He says the proposed changes “aim to tighten border security measures and bolster incentives to use rightfully owned trademarks”. “Owners of trademarks should rest assured that these changes will not affect the trademark registration or renewal process.”

Changes to copyright legislation will aim to catch intentional infringers, but the proposed changes will leave some exceptions already in place. “Businesses who own copyright can feel reassured that their rights are being protected without limiting the genuine freedoms of their consumers,” Jones says. “To ensure businesses best leverage their own copyright works and avoid infringement of others’ copyright, it is important that businesses are aware of the new term, together with any transitional periods for how and when that extension of term applies.”

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COVER STORY

DUNCAN COTTERILL

TOP DOGS It’s the leadership team that transformed Duncan Cotterill into one of the country’s fastest-growing law firms. Samantha Woodhill reports

HAVING ONE accountant and one lawyer at the helm is the surprisingly laid-back formula that spearheaded an expansion strategy that saw Duncan Cotterill’s Auckland office grow significantly in size in a period of just six months. That was four years ago, and since then the firm’s winning combination has seen its national expansion continue – it is now firmly established as one of the country’s leading mid-market firms. Chief executive Terry McLaughlin, who hails from the Ernst & Young partnership, joined the firm three and a half years ago from the New Zealand Institute of Chartered Accountants. “If you sit back and paraphrase it at a joint level, I think pretty much we’re joined at the hip and end up completing each other’s sentences,” McLaughlin says of the leadership duo. “I’m perhaps more the grit in the oyster. And Richard, I think, is the oil in the cogs.” Chairman Richard Smith joined the firm’s Christchurch office back in 1989. He sees his role as partner-focused, and he works closely with McLaughlin to keep the firm’s wheels in full motion. “We’re probably focusing on the thing the board is trying to achieve in the firm at a strategic level – and we have a business plan which we’ve put in place,” Smith says. “We do spend quite a bit of time with partners, so Terry and I get around all of our offices on a reasonably regular basis just to

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check in on what’s happening in each office and indeed with individual partners.” It’s a more casual dynamic than what you’d expect from the power team driving Duncan Cotterill’s national expansion. With a national presence and leading insurance and litigation practices, McLaughlin says the firm is uniquely positioned within the New Zealand legal market. “I think our scale and national presence is probably the reason we’re unique in terms of mid-market positioning, but in saying that we are a mid-market firm, actually we’ve got a range of large clients as well,” he says. “We have a lead in employment; in health and safety practice. We are really strong in agribusiness and that’s off the back of the history of the firm, which goes back over 150 years, off the back of very well-established client relationships.”

A people focus It’s the relationship building in his role that Smith enjoys the most. “I just like interacting with people,” he says. “One of the strengths of our firm is keeping in touch and communication with partners. Part of our process this year is just the two of us continuing [to interact] with partners and what they’ve got coming up, what they’re planning.” The advice that ‘preparation prevents poor performance’, and to avoid assumptions, is guidance Smith has frequently offered in his 27 years at Duncan Cotterill.


A MIXED CAREER Terry McLaughlin 1994–1996 Partner at Ernst & Young

1996–2004 Assistant auditor-general

2004–2008 Executive director at Audit New Zealand

2008–2013 Chief executive of the New Zealand Institute of Chartered Accountants

2013 to date Chief executive at Duncan Cotterill

“If you sit back and paraphrase it at a joint level, I think pretty much we’re joined at the hip and end up completing each other’s sentences” Terry McLaughlin

“It doesn’t matter whether you’re dealing with staff or dealing with clients,” he says. “When I’m thinking of both of those, I’m usually coming out the other end happy.” Outside of Duncan Cotterill, Smith is a trustee of the Canterbury Charity Hospital Trust and the St Andrew’s College Foundation, as well as chairman of the Canterbury Caledonian Society Pipe Band. “That actually is part of what makes me tick, having all of those things lined up,” he says. “It gives me really good balance. It gives me really good perspective. One organisation I’m involved with, the members of that organisation range from students to professors to doctors to whatever, and interacting with them on a regular basis gives good perspective for the career as well.”

The Christchurch market Insurance remains a crucial part of Duncan

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PROFILE

DUNCAN COTTERILL

“One of the strengths of our firm is keeping in touch and communication with partners. Part of our process this year is just the two of us continuing [to interact] with partners and what they’ve got coming up, what they’re planning” Richard Smith

Cotterill’s practice in the Christchurch market, with earthquake settlements still ongoing. “New entities have come out via which some are still government-operated and others are very much council-driven with particular roles,” says Smith. “So as advisers we’re either dealing with new entities in that regard or in some cases are looking to become more closely involved with them.” Outside of the insurance market, Christchurch remains a strong agribusiness hub, despite the slump in the dairy industry. “We have a very broad private client base [in Christchurch], and that flows through to that private client base owning businesses and the economy driven by the earthquake,” says Smith. “A lot of [those businesses] are doing some very interesting things. So there’s still a lot happening here.”

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Balancing act McLaughlin and Smith focus on promoting a work-life balance, something from which they themselves both benefit. “I think that work-life balance is entirely achievable in this firm,” McLaughlin says. “I think that in previous roles I’ve probably sold my soul for the company, whereas now I’m enjoying being able to see my teenage girls grow up, which I know in a previous life I would have not.” There are no specific policies, but it’s a shift in attitude from the top down that makes the difference. “As a firm, we are pretty strong in saying we promote that, and I think we walk the talk in that regard. It’s something that new staff appreciate,” says Smith.

“It’s not something that’s written in black and white, but it’s sort of how we operate.”

An accountant in a law firm McLaughlin is familiar with the workings of a professional services firm, but as an accountant his expertise allows him to offer a slightly different perspective. “It’s all around working with your clients and adding great people that can do that,” he says. “I’m not going to be contributing to legal issues. But nonetheless, I’ll have a view on where the firm goes strategically, and generally see the issues in common with the accountancy profession in that regard anyway.”

A FEMALE FUTURE “I think it’s essentially vital. We by no means have it right, but of our last 10 partner appointments six were female. Three quarters of our associates are female. So they’re very much the future of the firm,” McLaughlin says of the firm’s female focus. Promoting women to the partnership is a focus the firm wants to get right, and keeping women at Duncan Cotterill is seen as an immense opportunity. “We try to be as accommodating as we can, but I think we need to do better,” McLaughlin says. “I think diversity in general is an issue for law firms. “I wouldn’t say that law firms really reflect [the] diversity of New Zealand the way it is now. So I think that’s something that’s on our minds also.”

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FEATURES

CHRISTCHURCH REPORT

CHRISTCHURCH BOOMING Lawyers in the Christchurch market on the key drivers of work and their predictions for the year ahead

PLUMMETING DIARY prices threatened to plague the agri-heavy economy of Canterbury last year, and law firms were cautiously preparing for an economic downturn. But while room for improvement in the dairy industry remains, the region seems to have narrowly escaped a dairyfuelled slump. “With agribusiness still the backbone of the regional economy, the upturn in dairy prices seen recently bodes well,” says Bell Gully partner and chairman Chris Gordon. “Some analysts suggest that sector may have turned a corner.” In the mergers and acquisitions space things have picked up, says Christchurch Chapman Tripp partner Fiona Bennett. There is still a “strong amount of insurance litigation work, as well as property work relating to infrastructure and construction”, she adds.

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Bennett says commercial ‘business as usual’ work and small-sized capital raisings, as well as an increased focus on the health and safety sector are positive developments compared with the state of the market 12 months ago. “On the whole, clients seem optimistic and this is promising for continued buoyancy ahead,” she says.

Looking ahead Despite the business outlook seeming reasonably positive, Buddle Findlay partner John Buchan says firms in the Christchurch market are increasingly faced with the ‘more for less’ challenge. “As with the New Zealand market in general, we see an increasingly sophisticated demand for legal services that requires a first-class offering at very competitive prices,” he says. “Firms need to be able to have the

resources and systems to respond to this.” Anthony Harper managing partner Malcolm Hurley echoes Buchan’s sentiment, but says the changing nature of work in the market is likely to affect the strength of the property sector, possibly resulting in a slight lull. “On the property side, greenfield subdivision sales remain strong,” Hurley says. “Although there are fewer new subdivisions being developed, new commercial develop­ ments in the CBD are also slowing. However, our hotel specialists are starting to see new hotel projects come on stream, given the greater certainty with the Convention Centre.” While he predicts a lull in the short term, Hurley says there’ll be a second wave to hit Christchurch’s property market “as developed CBD office space is filled and more post-quake leases expire within suburban offices”.


The tourism sector looks to be gaining momentum in Canterbury as business in general continues to improve and businesses continue to move back to the Christchurch CBD. “Tourism prospects are strong, and that will provide good backdrop to recovery,” Gordon says.

CHRISTCHURCH CONSTRUCTION INDUSTRY

Earthquake aftermath “There is still a lot of legal work being generated as part of the response to the earthquakes,” says Buchan. “Some of the work is a continued direct result of the quakes, such as that associated with the rebuild of physical assets, while there is also work generated from the investment of insurance proceeds. Then there is also the flow-on type work associated with the rebuild. “Property work remains busy, as does general commercial activity. Litigation is

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new buildings were consented in Christchurch in June 2016, for a total value of $308m

4,146

new buildings were consented in Christchurch over the 12 months to June 2016, for a total value of $2.52bn

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residential buildings were consented in June 2016, easing from 378 in May 2016. Residential consents were down by 9% in the 12 months to June 2016, compared to the previous 12 months

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new non-residential buildings were consented in Christchurch in June 2016, with a total value of $222.8m and a total floor area of 14,554sqm. This includes the consent for the new Acute Services Building at Christchurch Hospital, worth $180m. In the last 12 months, 308 new non-residential buildings were consented for a total value of more than $1.2bn Source: Canterbury Development Corporation/Statistics New Zealand

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FEATURES

CHRISTCHURCH REPORT also ramping up as the difficult claims reach a crunch point.” But it’s not the only driver of legal work and, as construction disputes continue, lawyers say it may be a while before the post-earthquake legal boom fully subsides in Christchurch. A spokesperson for Anderson Lloyd says the firm is still seeing a lot of work resulting from the earthquakes, predicting that Christchurch is at the midway point for the rebuild. “Earthquake insurance and EQC claims are still being sorted out,” the spokesperson says. “After nearly six years and with the limitation period looming, many people are resorting to legal proceedings to progress matters. There is also a lot of positive activity coming out of rebuild work, with new construction and development.” Hurley says Anthony Harper expects to see a wave of claims against insurers, the Earthquake Commission and contractors for substandard building repairs. “Representative/class actions, funded by litigation funders, are highly likely,” Hurley predicts. “The decision by insurers not to defer the limitation period for earthquake claims on commercial properties may lead to a flood of claims being filed in the High Court over the next few months. “The most complex or difficult residential claims are still being processed, and there are a growing number of claims against insurers and EQC for defective repairs. Some people are starting to refer to the extent of defective repairs as the ‘Creaky Homes Crisis’.” Bennett says Christchurch has seen a general increase in commercial activity over the last 12-month period, and consequently a rise in the number of commercial disputes. “We are still seeing a significant amount of work born directly out of the earthquakes,” she says. While residential earthquake work is decreasing, like Hurley she expects claims around remedial work to continue. “We are still seeing a lot of insurance litigation against the Earthquake Commission and the insurers, and also an increased number of broker claims for things like insufficient cover or wrong cover.”

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WHAT ARE YOUR EXPECTATIONS/PREDICTIONS FOR THE REST OF THE YEAR?

“Given the current levels of buoyancy in the market, I anticipate economic activity to remain steady, if not increase, in the next 12 months ahead, which will have flow-on effects in terms of work we do. I envisage seeing further increases in the likes of M&A transactions, corporate restructuring and rearrangements and capital raisings, as well as property work, construction work and commercial disputes generally” Fiona Bennett, CHAPMAN TRIPP “Christchurch is still one of New Zealand’s major cities and is the economic gateway to the South Island. We are confident that the Christchurch market will continue to perform well, although the peak phase of the rebuild activity is passing” Chris Gordon, BELL GULLY “We think the Christchurch market will experience a few ups and downs as earthquake-related activity starts to wind back and with other economic drivers also at play. On the whole, however, the future for Christchurch and Canterbury is very bright, with new and expanded infrastructure and the benefits of the bounce-back in the dairy sector and the fruition of the Central Plains irrigation scheme also becoming apparent. Tourism will be a big positive factor for the Christchurch and Canterbury economies as well as this being just a great place to live and work” John Buchan, BUDDLE FINDLAY “We are expecting a wave of claims against insurers, EQC and contractors for defective earthquake repairs. On the property side, we are expecting a lull for a while, with few new retail or office developments after completion of the current developments. There will be a secondary wave of development, although less significant than the first, as developed CBD office space is filled and more post-quake leases expire within suburban offices. There is also likely to be a secondary wave of retail and hospitality development, which may be influenced by the success of the East Frame residential project” Malcolm Hurley, ANTHONY HARPER


CASE STUDY

CASE STUDY – THE COMPLETE TURNAROUND TALE A complex case, riddled with possible conflicts was enough reason for lawyer Niamh McMahon to engage Public Trust’s Executor Assist service. At the time she was both sole executor and trustee in the estate which had the potential to go badly.

BEING ABLE to work with the technically experienced Executor Assist team who understood the intricacies of estate law “worked a treat”. Niamh considers them peers “it wasn’t a question of bringing someone up to speed. You could talk the talk together and work through what the issues were from a very sound knowledge base.” “Law firms are not geared up to do this work operationally. How our hourly rates work doesn’t lend itself to doing it and to be honest, I don’t think we’ve got the skills either,” says Niamh, who is also the Honorary Consul General for Ireland. Another valuable draw card was having the estates accounts professionally managed, with tax returns processed and financial reporting provided for family members. The brief wasn’t easy and involved different beneficiaries with different entitlements, with and without interest rates, for loans made during the lifetime of the deceased. Access to Public Trust’s financial

modelling templates was another attraction, along with fair billing rates commensurate with the job. This, compared to a lawyer on a high charge-out rate trying to do work that didn’t deserve to be invoiced at that hourly fee made using Public Trust very cost effective. “What we were able to do was buy the expertise of Public Trust and have confidence in its system so that the numbers produced in the end were bulletproof.” Niamh admits going through that exercise herself would’ve taken far longer and been more expensive for the beneficiaries. “I’m sure I would’ve been criticised if I’d gone down that path whereas this was far more cost effective.” During this difficult case Niamh found the Executor Assist team were both communicative and accessible. “When problems occurred, someone was always available on the end of the phone. Public Trust really comes into its own in cases that are a bit more complicated that need an

extra layer of assistance.” While straight forward estate cases will remain with Niamh’s firm, the complicated ones are now handed to Public Trust for assistance. “Everybody is a winner because it’s more of a partnership and we’re working together as a team.” Niamh admits her initial approach had been made with a little fear and trepidation, she was wary after being in practice during a time when Public Trust didn’t enjoy the reputation she says they now deserve. “Back in the old days there was a lot of criticism that it was an old government department on glide time – whenever you rang it was a different person you spoke too.” But, after using Public Trust over a number of years, Niamh’s completely changed her view. “My expectations were low and they were exceeded – mightily exceeded. While a lot of people have criticised Public Trust, I’ve stood up for them – and I want to make that point” she says.

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THURSDAY 17 NOVEMBER THE LANGHAM AUCKLAND

A record number of nominations came in from across the legal profession for this year’s New Zealand Law Awards. Here are the best of the best NZLAWYER is proud to present the individuals, firms and deals that have made this year’s list of finalists. Together with our publisher Key Media, we would like to thank all those who took the time to submit nominations this year and all our sponsors who continue to make this event a success. We look forward to celebrating the industry’s achievements at The Langham Auckland on Thursday 17 November. For more information about the event and to book your table, visit www.lawawards.co.nz.

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FINALISTS 2O16

REGIONAL/SUBURBAN LAW FIRM OF THE YEAR

BOUTIQUE LAW FIRM OF THE YEAR

FINALISTS

FINALISTS

BlackmanSpargo Rural Law Ltd Daniel Overton & Goulding Dean & Associates Stevens Orchard Lawyers

Layburn Hodgins McBride Davenport James Simmonds Stewart Sue Barker Charities Law TGT Legal Wackrow Williams & Davies Ltd Webb Henderson

EMPLOYMENT LAW SPECIALIST FIRM OF THE YEAR

CROWE HORWATH LITIGATION & DISPUTE RESOLUTION SPECIALIST LAW FIRM OF THE YEAR

FINALISTS

FINALISTS

Dundas Street Dyhrberg Drayton Employment Law Goldstein Ryder LangtonHudsonButcher McBride Davenport James SBM Legal

Gilbert/Walker LeeSalmonLong Parker & Associates Barristers & Solicitors Prestige Lawyers Ltd Rainey Law Rice & Co Lawyers Wilson Harle AWARD SPONSOR

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INTELLECTUAL PROPERTY SPECIALIST LAW FIRM OF THE YEAR

PROPERTY & CONSTRUCTION SPECIALIST LAW FIRM OF THE YEAR

FINALISTS

FINALISTS

AJ Park Baldwins Intellectual Property CreateIP James & Wells Zone Law

AlexanderDorrington Domain Legal Queen City Law Thompson Blackie Biddles

INSURANCE SPECIALIST LAW FIRM OF THE YEAR

RESOLUTION INSTITUTE MEDIATOR OF THE YEAR

FINALISTS

FINALISTS

DAC Beachcroft New Zealand Grant Shand McElroys Lawyers Rhodes & Co Robertsons

Chris LaHatte Carol Powell, FDR Centre Peter Franks, MBIE Mediation Service Sharon Stewart, Out of Court

AWARD SPONSOR

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FINALISTS 2O16

LEGAL PERSONNEL EMPLOYER OF CHOICE (1-50 EMPLOYEES)

LEGAL PERSONNEL EMPLOYER OF CHOICE (51-100 EMPLOYEES)

FINALISTS

FINALISTS

Afeaki Chambers BlackmanSpargoRural Law Ltd Daniel Overton & Goulding Ebborn Law Ltd Potter IP Prestige Lawyers Ltd TGT Legal Thompson Blackie Biddles

Anthony Harper Glaister Ennor Hesketh Henry James & Wells

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LEGAL PERSONNEL EMPLOYER OF CHOICE (>100 EMPLOYEES)

CROWE HORWATH MID-SIZE LAW FIRM OF THE YEAR

FINALISTS

FINALISTS

Anderson Lloyd Bell Gully Buddle Findlay Chapman Tripp Meredith Connell MinterEllisonRuddWatts Russell McVeagh

Anderson Lloyd Anthony Harper Cavell Leitch Hesketh Henry Lane Neave Layburn Hodgins Lowndes

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LARGE LAW FIRM OF THE YEAR

CROWE HORWATH MANAGING PARTNER OF THE YEAR (<100 EMPLOYEES)

FINALISTS

FINALISTS

Bell Gully Buddle Findlay Chapman Tripp Meredith Connell MinterEllisonRuddWatts Russell McVeagh Simpson Grierson

Malcolm Hurley, Anthony Harper Mai Chen, Chen Palmer Partners William Antony Holden, DAC Beachcroft New Zealand Erin Ebborn, Ebborn Law Ltd Jonathan Boswell, TGT Legal

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ARTEMIS EXECUTIVE RECRUITMENT YOUNG PRIVATE PRACTICE LAWYER OF THE YEAR (35 OR UNDER) FINALISTS Jullion Nelson Parker, Anthony Harper Thomas Huthwaite, Baldwins Intellectual Property Karl Anderson, Bell Gully Rebecca Rose, Bell Gully Tai Ahu, Kensington Swan Fiona McMillan, Lane Neave Elizabeth Rowe, MinterEllisonRuddWatts Ben Paterson, Russell McVeagh Sarah Scott, Simpson Grierson Sally Morris, TGT Legal AWARD SPONSOR

CROWE HORWATH MANAGING PARTNER OF THE YEAR (>100 EMPLOYEES) FINALISTS Chris Gordon, Bell Gully Peter Chemis, Buddle Findlay Catriona Grover, Kensington Swan Steve Haszard, Meredith Connell Gary McDiarmid, Russell McVeagh Kevin Jaffe, Simpson Grierson

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FINALISTS 2O16

ANTHONY HARPER YOUNG IN-HOUSE LAWYER OF THE YEAR (35 OR UNDER)

FINANCIAL SERVICES IN-HOUSE TEAM OF THE YEAR

FINALISTS

FINALISTS

Lowry Gladwell, ASB Bank Ltd Dominique Unkovich, BurgerFuel Alex Mamo, Fonterra Co-operative Group Ltd Libby Major, Public Defence Service Charlotte Wheatley, Public Defence Service Brent Norling, Waterstone Insolvency

AIG Insurance New Zealand Ltd ANZ ASB Bank Ltd New Zealand Superannuation Fund Vero Insurance NZ Ltd Westpac New Zealand Ltd

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RUSSELL MCVEAGH IN-HOUSE TEAM OF THE YEAR FINALISTS ANZ Legal Group Contact Energy Fonterra Co-operative Group Ltd New Zealand Government Procurement New Zealand Superannuation Fund New Zealand Trade and Enterprise (NZTE) SKYCITY Entertainment Group Ltd The Todd Corporation Vector Legal Team Vodafone New Zealand Ltd

MINTER ELLISON RUDD WATTS IN-HOUSE LAWYER OF THE YEAR FINALISTS Richard Shine, AIG Insurance New Zealand Ltd Andrew Penn, AMP Capital Katrina Gardiner, ANZ Bank New Zealand Ltd Katherine Anderson, Auckland Council Liesl Knox, Flexi Cards Takeshi Ito, Millennium & Copthorne Hotels New Zealand Ltd Philippa McKegg, Waste Management NZ Ltd AWARD SPONSOR

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EVENT PARTNER

M&A DEAL OF THE YEAR

CAPITAL MARKETS DEAL OF THE YEAR

FINALISTS

FINALISTS

FlexiGroup acquisition of Fisher & Paykel Finance

CBL’s IPO and dual NZX/ASX listing

FIRMS: Ashurst Australia, Bell Gully, Gilbert + Tobin, King & Wood Mallesons, Mayne Wetherell

GE Capital's sale of its consumer finance business FIRMS: Ashurst Australia, Buddle Findlay, Herbert Smith Freehills, King & Wood Mallesons, Mayne Wetherell ACCOUNTANT: EY BANKS: Bank of America Merrill Lynch, Citi, Credit Suisse, Moelis & Co

OceanaGold acquisition of Waihi Gold Mine from Newmont FIRMS: Allens, Anderson Lloyd, Gilbert + Tobin, Russell McVeagh ADVISER: Citi

Sale of Academic Colleges Group

FIRMS: Fortune Manning, MinterEllison, MinterEllisonRuddWatts ACCOUNTANTS: Crowe Horwath, KPMG ADVISERS: Forsyth Barr, UBS BANK: Bancorp

China Construction Bank (New Zealand) retail MTN program FIRM: Chapman Tripp

NZ aspects of warehouse securitisation of GE assets FIRMS: Ashurst Australia, Bell Gully, Clayton Utz, Herbert Smith Freehills, HWL Ebsworth, Kensington Swan, King & Wood Mallesons, Mayne Wetherell ADVISERS: EY, Moelis & Co. BANKS: Bank of America Merrill Lynch, Citi, Credit Suisse

FIRMS: Chapman Tripp, Frasers Law Company, Herbert Smith Freehills, Hiswara Bunjamin & Tandjung, Russell McVeagh, Tilleke & Gibbins

Origin Energy block trade of stake in Contact Energy

Sale of Direct Capital’s stake in Transaction Services Group to Calera Capital

ADVISER: Luminis Partners

FIRMS: Chapman Tripp, Harmos Horton Lusk, Johnson Winter & Slattery, MacDonnells Law, Martelli McKegg, Olswang LLP, Russell McVeagh, Skadden, Arps, Slate, Meagher & Flom LLP

Sale of Vector Gas FIRMS: Bell Gully, Chapman Tripp, MinterEllisonRuddWatts BANK: Goldman Sachs

FIRMS: Baker & McKenzie, Bell Gully, Russell McVeagh, Simpson Grierson BANK: Macquarie Capital (Australia) Ltd

Solid Energy voluntary administration FIRMS: Bell Gully, Buddle Findlay, Chapman Tripp, DLA Piper, Kensington Swan, MinterEllisonRuddWatts, Russell McVeagh, Simpson Grierson ADVISER: Kordamentha BANKS: ANZ, BNZ, BTMU, Commonwealth Bank of Australia, Goldman Sachs, Westpac NZ

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FINALISTS 2O16

DEAL TEAM OF THE YEAR <100 EMPLOYEES

INTERNATIONAL DEAL OF THE YEAR

FINALISTS

FINALISTS

Anthony Harper Harmos Horton Lusk Lowndes Mayne Wetherell Webb Henderson Wynn Williams

GE Capital's sale of its consumer finance business FIRMS: Ashurst Australia, Buddle Findlay, Herbert Smith Freehills, King & Wood Mallesons, Mayne Wetherell ACCOUNTANT: EY BANKS: Bank of America Merill Lynch, Citi, Credit Suisse, Moelis & Co

OceanaGold acquisition of Waihi Gold Mine from Newmont FIRMS: Allens, Anderson Lloyd, Gilbert + Tobin, Russell McVeagh ADVISER: Citi

DEAL TEAM OF THE YEAR >100 EMPLOYEES

FINALISTS Anderson Lloyd Bell Gully Buddle Findlay Chapman Tripp MinterEllisonRuddWatts Russell McVeagh Simpson Grierson

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Sale of Direct Capital’s stake in Transaction Services Group to Calera Capital FIRMS: Chapman Tripp, Harmos Horton Lusk, Johnson Winter & Slattery, MacDonnells Law, Martelli McKegg, Olswang LLP, Russell McVeagh, Skadden, Arps, Slate, Meagher & Flom LLP

Sale of Origin Energy's majority shareholding in Contact Energy FIRMS: Bell Gully, Russell McVeagh BANK: Macquarie Capital


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MID-MARKET DEAL OF THE YEAR

CONSUMER, MEDIA & TECH DEAL OF THE YEAR

FINALISTS

FINALISTS

Acquisition of Hilton Haulage by Ngai Tahu FIRM: Anthony Harper, Bell Gully

David Jones acquisition of Kirkcaldie & Stains department store

ACCOUNTANTS: Grant Thornton, PwC

FIRMS: Bell Gully, Kensington Swan

Acquisition of Manuka Health by Pacific Equity Partners

Powershop's market launch in UK with RWE npower

FIRMS: Allens, Buddle Findlay, Chapman Tripp, Gilbert + Tobin, Russell McVeagh

FIRMS: Kemp Little, Russell McVeagh

ACCOUNTANT: PwC

Spark sale of Telecom Rentals

ADVISERS: PwC, UBS

FIRMS: Chapman Tripp, Mayne Wetherell ACCOUNTANT: PwC

Allegro Capital’s acquisition of Flooring Brands

BANK: Macquarie Group Ltd

FIRMS: MinterEllisonRuddWatts, Tompkins Wake

Wrightspeed acquisition of new fuel-agnostic hybrid technology

Merger to form Coretex and Milford investment

FIRM: Russell McVeagh

FIRMS: Cooney Lees Morgan, Flacks & Wong, Harmos Horton Lusk

Spark purchase of Computer Concepts FIRMS: Anderson Lloyd, Chapman Tripp

NEW ZEALAND DEAL OF THE YEAR

Takeover of Pulse Energy by Buller Energy FIRMS: Duncan Cotterill, Harmos Horton Lusk, Mark Russell (barrister)

The finalists in this category comprise the winners of the other deal awards (Capital Markets Deal of the Year, Consumer, Media & Tech Deal of the Year, International Deal of the Year, M&A Deal of the Year and Mid-Market Deal of the Year).

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SEPTEMBER 2014 |55 55   www.nzlawyermagazine.co.nz


PEOPLE

OTHER LIFE

EASTERN STAR When Wellington lawyer Patrick Rosevear travelled to China he didn’t expect to become a TV star

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PATRICK ROSEVEAR’S initial plan when he moved to China in 2012 was to tour the country and learn Mandarin while taking some time out in the time-honoured Antipodean tradition. Instead he found himself with a new career on the nation’s television’s screens. His first foray into the world of Chinese entertainment came as a contestant on the dating show You Are the One, reputed to be the nation’s most-watched broadcast, something he “did for a bit of a laugh”. This led to his current longstanding position as co-host of a daily talk show, along with another gig co-hosting cooking show The Delicious Truth. Last year he was tapped to film a travel show, which took him all over the massive nation.

100

Viewership, in millions, of the dating show on which Patrick debuted

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Patrick’s new career has brought with it many memorable moments. “A real highlight for me was last year when I was a commentator for the Rugby World Cup on Chinese TV,” he says. “It was the first time rugby was broadcast on a major channel in China.” Two new shows were imminent for Patrick at the time of going to press: a travel/talk show for Shenzhen TV and a talk show on the Olympics. “I have been made to do some pretty strange things on TV: get in a cage with a fully grown Siberian tiger, interview the tallest man in China, teach people the haka, scull a jug of beer. It has been a completely unforgettable experience and the best Chinese language course I could have asked for.”

150+

Number of episodes of talk show Beijing Ke that Patrick has already filmed

12

Number of Chinese channels Patrick has appeared on


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