Investigations

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With increasing regulation comes the potential for time-consuming and costly investigations. Our experience will see you through.

Even with the best risk management strategies, businesses are regularly faced with internal or external investigations. With legal experts across all industries and strong regulatory relationships, we are here to help.

Our Tier 1 litigation and dispute resolution team will ensure that any investigation is conducted and resolved in the most cost and time effective way. Skilled at crisis management, we will handle reputational risks to your business along the way.

We provide proactive advice aimed to avoid investigations. Many clients, including Boards of Directors, seek our assistance with internal health and safety, governance, culture, compliance advice and assessments, accountability self-assessments and investigations.  

We are experienced with investigations across all areas of law, including employment, public law, financial services regulation, Commerce Commission investigations, health and safety, privacy and data protection, competition law, and trade. With significant international experience and the benefit of the MinterEllison Legal Group’s international network, we regularly assist with cross-border investigations. We also represent clients in Government Commissions of Inquiry and in coronial inquiries.  

How we can help
  • Monitoring regulatory change and the risk of investigations
  • Conducting internal investigations and interviews
  • Strategic advice regarding self-reporting to authorities
  • Responding to requests for information, search orders and regulatory interviews (including considering issues of privilege and privacy)
  • Liaising and negotiating with regulators, including the Serious Fraud Office (SFO), the Financial Markets Authority (FMA), the Reserve Bank of New Zealand (RBNZ), the Commerce Commission, New Zealand Customs, WorkSafe, and the Labour Inspectorate
  • Representing you if an investigation or enforcement action is commenced
  • Advising on the scope and terms of reference of investigations
  • Handling the interplay between civil proceedings, criminal prosecutions, and regulatory investigations
  • Working with experts
  • Dealing with the media.

Technically excellent, commercially savvy, pragmatic solution experienced focused people. Highly responsive, very willing to engage and understand the business imperatives and challenges and to work very collaboratively to identify and strategise business solutions and outcomes whilst identifying and addressing the legal risks and requirements. The Legal 500 Asia Pacific 2022

 
Recent highlights
AML/CFT investigations

Providing comprehensive advice to a major trading bank in respect of a range of AML/CFT matters, including an investigation by the RBNZ (the banking sectors’ AML/CFT regulator) and potential implications of offshore litigation involving a related entity for AML/CFT breaches in that jurisdiction. 

Financial services litigation and regulatory investigations

Acting for a major bank on a significant Fair Trading Act inquiry regarding fees.

Acting on an investigation under the Reserve Bank of New Zealand Act 1989 regarding alleged breaches of conditions of registration.

Advising commercial clients on Commerce Commission investigations and enforcement actions, including in relation to allegations of cartel conduct and breaches of the Fair Trading Act.

CCCFA enforcement and compliance

Advising major banks and financial service providers in relation to the Credit Contracts and Consumer Finance Act 2003 and Commerce Commission investigations into lending.

Conduct and Culture matters

Acting for various public and private sector clients seeking to address conduct and culture matters within their organisations. This has included responding to regulatory inquiries, together with being engaged by boards and management to conduct internal reviews. Matters have included bank conduct and culture, investigating proper conduct regarding staff incentives, workplace sexual harassment and bullying, and risk culture.

Health and safety investigations

Acting as lead counsel for certain company directors and officers, including Pike River’s former CEO and board chairman, before the Royal Commission into the Pike River Tragedy and at the Coronial Inquest.  Also defending Pike River’s former CEO in his prosecution for alleged health and safety violations.  Regularly assisting clients with coronial inquiries, internal and WorkSafe investigations following incidents, prosecutions, and crisis management.

Cross-border white-collar and regulatory litigation

Representing New Zealand based individuals and corporates in relation to cross-border regulatory and white collar investigations and litigation, including the following matters.

Representing the court appointed trustee of the Mt. Gox crypto-currency operation in Japan, in respect of proceeds of crime proceedings in the New Zealand High Court, relating to crypto-assets formerly held by Mt Gox.

Acting for a director of international shipping company Stolt-Nielsen in relation to an unsuccessful prosecution by the USDOJ for alleged criminal cartel violations in the United States Federal Court.

Working alongside a Magic Circle firm, advising a major international investment bank in relation to alleged currency rate manipulation in the UK and Asia.

Representing a New Zealand based individual in relation to an investigation, and subsequent unsuccessful prosecution for perjury, by the London Metropolitan Police in the UK. 
 

Related expertise

Our lawyers provide clients with clear, strategic and commercial solutions that create lasting impacts to their business

  • AML/CFT

  • Conduct and culture

  • Coronial inquests

  • Crisis management

  • Cross border

  • Employment

  • Financial crime

  • Financial services regulation

  • Governance

  • Health and safety

  • Litigation and dispute resolution

  • Organisational integrity

  • White collar crime

  • WorkSafe investigations