Consumer, regulatory and compliance

We assist our clients to keep ahead of regulatory change to maximise opportunities and to address key regulatory and compliance risks. With a multi-specialist team, working with subject matter expects, we are able to identify trends and themes across different industries, regulators and regulatory frameworks.

We are highly experienced in assisting clients with the full range of their CRC needs, including:

Preparing for and submitting on upcoming regulatory change.
Designing comprehensive compliance and risk management programmes.
Structuring commercial partnerships and negotiating commercial contracts to allocate regulatory obligations and leverage opportunities (for example, data sharing).
Engaging with regulators on new products and to clarify obligations, as well as in response to complaints and investigations.
Responding to compliance issues and assisting with pro-active reporting of breaches, including mandatory breach notification under the Privacy Act.
Advising on emerging technology and regulation (such as ESG, payments and modern slavery).
Training in house legal and operational teams on practical aspects of regulatory compliance, updates on new case law, and enforcement trends.


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Work highlights

Commerce and digital strategy

Advising various clients on e-contract issues including the design of click-wrap contracts and related Unfair Contract Terms considerations, e-signatures, email contracts and variations to online terms.

Assisting with the preparation of submissions on new legislation including the Privacy Act 2020.
Advising Vodafone on corporate, technology, privacy and commercial projects.
Advising The Network for Learning on regulatory and contract advice related to all aspects of its provision of the managed network to New Zealand schools.
Advising The Government on the Public Safety Network project to deliver Next Generation Critical Communications infrastructure and services for emergency services in New Zealand.
Advising IAG Insurance on data sharing platforms and API integrations.
Advising Bank of New Zealand on its MyBusiness Live digital dashboard.
Advising ASB Bank on technology and data sharing arrangements as well as SaaS solutions.
Advising International Big Tech platforms on New Zealand legal issues, including Google, TikTok, Apple, Facebook, Amazon and LinkedIn.
Advising Genesis Energy on the replacement of critical customer-facing systems.

Payments and consumer credit

Advising various lenders on all aspects of CCCFA compliance (including responsible lending, disclosure, fee restrictions, and the new due diligence duty introduced in December 2021) and related financial services registration obligations.

Advising Air New Zealand on the launch of a new credit card product developed in partnership with humm.
Assisting with the preparation of submissions on new legislation including the Credit Contracts Legislation Amendment Bill and associated regulations.
Advising Illion group (previously Dun & Bradstreet) on the launch of its first-to-market Credit Simple and Clear Name credit reporting and debt collection platforms, as well as the launch of a data analytics marketing company.

Retail, FMCG and loyalty programmes

Advising international retailers and consumer goods suppliers on entry into the New Zealand market and ongoing consumer, technology and privacy matters, including Oculus, Airbnb, H&M, Apple and David Jones.

Advising a large American retailer on its preparations for the opening of its first Wholesale Warehouse (store) in the New Zealand market, including on technology and payment agreements, as well as its unique loyalty scheme.
Advising Air New Zealand on its internationally acclaimed digital strategy and AIRPOINTS loyalty programme.
Advising various multinational clients on their entry into the New Zealand market and cross-border data transfers.
Negotiating partnership agreements for leading loyalty schemes.

Telecommunications

Advising various connected vehicle service providers on applicable surveillance and telecommunications obligations, including the scope of obligations and levies under New Zealand’s telecommunications regulation.

Advising on the preparation of submissions on new legislation including changes to the Telecommunications Act 2001.
Advising REANNZ on its international telecommunications connectivity agreement with Pacific Fibre, as the first anchor tenant for the proposed Australia/USA submarine cabling project.
Advising Crown Infrastructure Partners (CIP) on the New Zealand Government's Ultra-Fast Broadband (UFB) initiative (UFB2) and the extension of the Government's Rural Broadband Initiative (RBI2) and the Mobile Black Spots (MBS) Fund. Advising CIP and Next General Critical Communications (a new government agency) on the procurement and implementation of national infrastructure and services for emergency services (including policy and fire).

Incident response and investigations

Acting for various consumer-facing clients in response to investigations by regulators (including the Commerce Commission, the Office of the Privacy Commissioner, the FMA, and the SFO) relating to Fair Trading Act, CCCFA and Privacy Act issues.

Advising on a range of cyber security compliance and response management issues, including an international retailer on a major consumer information hacking incident.
Acting for a major consumer-facing business in response to a Commerce Commission investigation into allegations of unsubstantiated claims in relation to the performance capability of new technology.
Advising a leading New Zealand Bank on the Commerce Commission’s Fair Trading Act investigation into interest rate swaps sold to rural customers.
Acting for a motor vehicle finance lender in relation to the resolution of a Commerce Commission investigation into allegations of unreasonable default fees.
Acting for Ferratum in relation to the resolution of the first New Zealand proceeding alleging breaches of responsible lending rules.
Acting for NZX on a dispute relating to the acquisition of an online commodity trading exchange, and related misrepresentation proceedings.

Testimonials

Our CRC team is led by Laura Littlewood and Richard Massey, together with subject matter experts.

The Legal 500 Asia Pacific 2021 recommend Laura Littlewood as a leading technology lawyer in New Zealand, described by clients as "invaluable" for their business, “a pleasure to deal with” and "skilled in providing commercial, practical outcomes and advice, particularly in relation to digital strategies, innovations and disruptive technologies." Laura Littlewood is recognised for privacy and data security law in Best Lawyers 2022, and in the NZ Lawyer Elite Women 2021.

Richard Massey is described in NZ Lawyer as “an expert in consumer law matters and regulatory investigations" with “a strong reputation as a trusted advisor.” In The Legal 500 Asia Pacific 2021, a client recommended Richard for his "ability to digest complicated matters quickly to help problem solve” and “clear and pragmatic advice.” He was described in a previous edition as having “an in-depth knowledge of the law" and was recognised in NZ Lawyer's inaugural 'Rising Stars' list.

Consumer, regulatory and compliance

Work highlights

Testimonials

Our experts

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