Operating a business in New Zealand and globally means navigating a maze of regulatory environments. For organisations aiming to thrive, effectively managing regulatory requirements is crucial.
Our mission is to provide clear and practical regulatory guidance, enabling clients to focus on their core business activities rather than getting overloaded by compliance concerns.
We distil complex regulatory issues and collaborate with clients to achieve their desired commercial results. Within our regulatory services, we support clients with compliance matters, internal and external investigations, public inquiries, and law reform initiatives. We regularly advise and defend many of New Zealand’s major corporations involved in regulatory investigations and prosecutions brought by regulators, which can include dealing with multiple agency actions following incidents raising serious public health and safety and consumer protection issues.
Our team includes specialists across a wide range of sectors including agriculture and fisheries, food and beverages, forestry, life sciences and healthcare, electrical goods, radio equipment, chemicals, hazardous substances and waste, transportation, post and distribution. Our regulatory expertise spans multiple service areas, including international trade, health and safety, competition and consumer, and financial services.
In addition, we have extensive experience assisting a diverse range of organisations and individuals with pressing regulatory challenges within their sector.
Regulatory compliance
Compliance with regulations can place a significant burden on businesses. We recognise these challenges and work closely with our clients to help them comprehend the rules and mitigate the risk of regulatory interventions. Our commitment is to align with our clients' commercial goals, ensuring that the regulatory framework serves, rather than obstructs, their interests.
Examples of our experience include:
- Medical: Advising cosmetic and laser clinics on the legislative requirements for medical practitioners who oversee cosmetic injectables and related treatments in New Zealand clinics and providing gap analyses of current practices
- Emergency response: Advising a lifeline utility and other entities involved in civil defence emergency response on their regulatory obligations before and during the recovery stages of state of emergency situations
- Radio equipment: Advising a manufacturer of security equipment on the rules governing the supply and operation of radio transmitting equipment and partnering with an Approved Radio Engineer to prepare an application for short-term licences to trial the client’s technology
- Maritime: Advising Australian and US-owned luxury cruise lines on the regulations governing cruising in New Zealand, spanning customs, biosecurity, cabotage, biofouling, national park access, waste disposal, crew visas, health and safety requirements, food and alcohol licensing, corporate establishment and tax considerations
- Ophthalmology: Advising a global ophthalmic lens maker on the laws, regulations and standards concerning the supply and dispensing of ophthalmological products in New Zealand
- Aviation: Advising an American airline on the regulatory and licensing requirements that would apply to its operations in New Zealand.
Regulatory investigations and public inquiries
Our firm has some of New Zealand’s top regulatory specialists and litigators. We offer tailored solutions for those involved in regulatory investigations and public inquiries, including assistance with incident response, proactive compliance strategies, internal investigations, and strategic counsel during regulatory probes and litigation.
Members of our team have significant experience advising on regulatory investigations conducted by all major New Zealand regulators including the Commerce Commission, Customs Service, Environmental Protection Authority, Financial Markets Authority, Ministry of Business Innovation and Employment, Ministry for Primary Industries, Public Service Commission, regional and district councils, Reserve Bank, Serious Fraud Office, and WorkSafe.
Examples of our wider experience include:
- Environmental Protection Authority: Assisting a chemicals distributor to participate effectively in an EPA investigation into its potential unlawful importation and distribution of hazardous substances. We conducted an internal investigation, drafted the client’s material submissions to the EPA, established new processes and procedures to ensure future compliance, and provided strategic advice on how to engage with supply chain partners
- Waka Kotahi: Assisting transport service providers to successfully navigate investigations into their passenger transport services licencing and exemptions status
- Ministry for Primary Industries: Representing a manufacturer involved in New Zealand’s largest-ever food recall. We conducted an internal investigation, assisted the client to participate effectively in MPI’s investigation, engaged with retailers and the client’s insurer, engaged technical advisors to assist with remedial actions and process improvements, and responded to customer claims for compensation
- Customs: Representing a freight forwarder in a Customs investigation into its potential importation of fire extinguishers containing ozone depleting substances without the necessary licence
- Public Service Commission: Assisting a public sector agency in its response to an investigation into its handling of sensitive complaints about its organisational culture, which involved bullying and sexual harassment
- Public Inquiry: Providing comprehensive advice relating to the procedural, substantive and reputational aspects of Part B of the Ministerial Inquiry into Whey Protein Concentrate Contamination Incident, which considered regulatory and best practice requirements for the dairy industry.
Regulatory reform
Participating in the regulatory development process is a strategic approach to reduce future compliance burdens. Our team assists clients in formulating ideas and options for change and advocating preferred options to the Government. This allows our clients to influence the design, implementation, and enforcement of regulatory regimes in a way that aligns with commercial and other objectives.
Examples of our experience include:
- Electrical products: Assisting New Zealand’s largest importer of electrical products to secure favourable amendments to WorkSafe’s proposed regulations governing the standards and approvals needed to import, sell, and distribute electrical products
- Transport services: Advising a global transportation company on its engagement with regulators to help shape future regulatory instruments governing transport service licencing
- Hazardous waste: Assisting a telecommunications company to secure the passage of an Amendment Order permitting hazardous waste exports to the United States
- Medical: Assisting various clients to make submissions on the Therapeutic Products Bill, which aimed to replace and modernise the regulatory arrangements for medicines, and create new regulatory frameworks for medical devices and natural health products
- Forestry: Drafting a forestry company’s submissions on the Forests (Regulation of Log Traders and Forestry Advisers) Amendment Act 2019 and related public consultation documents
- Fisheries: Preparing a government relations strategy for a seafood company, which identified appropriate Ministers and officials to target and recommendations of when and how to target them to realise the company’s specific objectives.
