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Send us your feedback In this episode of the 2025 Litigation Forecast Podcast Series, Partner Andrew Horne, is joined by Senior Associate Hannah Jaques. They discuss the significant changes coming to the insurance industry as a result of the Contracts of Insurance Act 2024. The conversation covers the distinction between consumer and non-consumer insurance contracts, changes to the duty of disclosure, new remedies for breaches, and the impact on third-party claims.[00:33] Andrew and Hannah begin by discussing the introduction of the Contracts of Insurance Act 2024. They highlight the two fundamental changes: the distinction between consumer and non-consumer insurance contracts and the changes to the duty of disclosure for each group.[01:15] Hannah explains that the definition of consumer insurance contracts is based on the purpose of the contract rather than the policyholder. Consumer insurance contracts are for household, domestic, or personal purposes. She mentions the challenges in classifying certain products and the potential for certification and regulations to provide clarity.[02:50] Hannah discusses the practical steps insurers need to take, such as classifying their products as consumer or non-consumer. She also talks about the impact on policyholder certification and regulatory procedures.[03:45] Hannah elaborates on the fundamental change in the duty of disclosure for consumer insurance contracts, which now requires policyholders to take reasonable care not to make a misrepresentation. This shifts the burden to insurers to ask specific questions. For non-consumer contracts, the duty has changed to make a fair presentation of the risk.[05:57] Hannah explains the introduction of proportionate remedies for breaches of disclosure duties. Under the new act, insurers can address breaches based on what they would have done if the information had been disclosed at the time of policy entry. This change is seen as positive for maintaining good insurer-policyholder relationships.[07:18] Andrew and Hannah discuss the preparation required for the new regime, which comes into force by 15 November 2027. Insurers and brokers need to review and update all policies, communications, and IT systems. They note the risk of oversight due to the volume of material to be updated.[09:10] Hannah highlights the need for insurers to ask many more specific questions to comply with the new duty of disclosure. This creates a balance between thorough risk assessment and not overwhelming policyholders with too many questions.[10:01] Andrew and Hannah discuss the new direct right for third parties to bring claims against insurers. The changes eliminate the need for third parties to establish liability in advance, which is expected to reduce the need for separate defence costs cover.[11:26] Hannah provides historical context on defence costs cover and explains the changes under the new regime. The new legislation is likely to make it easier to settle claims as insurers will take a pragmatic financial position[13:13] Hannah outlines the specific regime for third-party information requests. Insurers and brokers need to implement new processes to comply with the 28-day timeframe for providing information.[15:30] In the short term, the industry will focus on compliance by November 2027. In the medium term, Andrew predicts disputes will test the new act's procedures. Long-term, case law will emerge to provide guidance, but there will be a period of uncertainty for the insurance industry as the new legislation bedsFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, of our special AI Impact series, Technology Partner Kate Cruickshank talks with Professor Albert Bifet, Director of the Artificial Intelligence Institute at the University of Waikato, about how AI is reshaping the environmental sector.[01:10] Kate and Albert discuss AI technologies already being used in the environmental sector, including deep learning models, computer vision, and real-time analytics and consider how these tools are boosting productivity, improving conservation efforts, and helping manage vast scientific datasets in this sector.[03:27] Albert highlights the growing impact of AI innovations in areas such as weather forecasting, species detection, and environmental surveillance. He notes that by tailoring these technologies to New Zealand's distinctive ecology and environmental conditions, they are transforming the way environmental monitoring is conducted. He also emphasises the value of scientific collaboration in AI, pointing to initiatives like the TAIAO Environmental Data Science Project and ESR's digital twin platform as key examples.[05:37] Kate asks about the main challenges in adopting AI in the environmental space, and Albert outlines key issues like data accessibility and privacy, Māori data sovereignty, and a lack of general AI understanding within the scientific community. He emphasises the need for better education and more integrated collaboration across sectors to create an integrated ecosystem.[07:45] Albert talks about how successful AI ecosystems abroad, particularly in Europe, have been built through joint investment from government, academia, and industry. He notes New Zealand's potential to do the same by leveraging its innovation culture and aligning national strategy with practical execution.[10:20] They discuss the future of AI in the environmental sector, with Albert highlighting the rise of agentic AI and robotics. He describes a near future where AI agents autonomously complete tasks and AI-driven robots work in the field, multiplying productivity and unlocking new capabilities.[13:14] Kate asks about the AI talent pipeline, and Albert explains the issue of brain drain in this area, stressing the importance of retaining skilled individuals in New Zealand and the need for a clear strategy and investment to combat this.Information in this episode is accurate as at the date of recording, 30 April 2025.Please contact Kate Cruickshank, Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.  For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Kate Cruickshank talks with Kieran Erasmuson, co-founder and COO of Script Sense about how AI is reshaping the healthcare sector.[01:09] Kate and Kieran begin the episode discussing how AI is currently utilised in healthcare, aiding research, streamlining routine tasks and enhancing diagnostics by supporting GPs and specialists with predictive tools.[03:04] Kieran highlights a standout AI innovation being adopted in healthcare practices across New Zealand: Heidi, which is an AI powered voice-to-text tool for medical use that enables clinicians to focus more on patient care and less on data entry.[05:22] Kieran explains how Script Sense is streamlining pharmacy workflows by automating label generation and medication analysis, allowing pharmacists to focus more on patient care (particularly in under-resourced settings) and highlighting the broader positive impacts this has on the healthcare system.[07:44] They discuss major hurdles for the use of AI in the health sector, such as outdated legacy systems, which make it difficult for new AI tools to integrate easily. Kieran explains how this lack of compatibility has stalled innovation and forced AI companies to spend resources on integrations rather than innovation.[12:23] Kate asks if professional scepticism is hindering AI uptake in the healthcare sector. Kieran explains that the widespread use of ChatGPT and LLMs has helped demystify AI, making professionals more receptive, especially after COVID-19 revealed urgent needs for efficiency.[16:33] Kieran talks about the future of AI in healthcare, where machines enhance decision-making rather than replace clinicians. He highlights the enduring importance of human empathy and trust in delivering healthcare, even in an AI-enhanced system.Information in this episode is accurate as at the date of recording, 9 April 2025.Please contact Kate Cruickshank, Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.  For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, of our special AI Impact series, Technology Partner Tom Maasland interviews Dr Geri Harris, Director of the Business Undergraduate Programme and a Senior Lecturer at Auckland University of Technology (AUT), about the transformative impact of AI on the education sector.[01:17] Geri discusses how she integrates AI tools into her teaching practices, emphasising their efficiency and impact on both teaching and assessment. She highlights how AI can boost student engagement and interaction, and significantly reduce administrative workloads and assessment burdens, allowing educators to focus more time on teaching itself.[06:11] Tom asks how widespread the use of AI is in New Zealand classrooms. Geri explains that, based on her work with the AI Forum and various educational institutions, it is apparent there is a clear divide in AI adoption. She emphasises the need for a forward-thinking, outward-looking mindset, encouraging the sector to learn from how international counterparts, such as Australia, Israel and Estonia are embracing and implementing AI in this sector[09:25] Geri shares examples of impactful EdTech AI, including tools like Cogniti and Noodle Factory that automate student queries, freeing up lecturer time. She also highlights, Curipod which transforms lecture slides into interactive classroom activities, and AI agents tailored to different student personalities. They observe that such innovations support and enhance personalised learning, though Geri stresses the ongoing need for educator oversight and thoughtful implementation. [19:30] Tom and Geri discuss some of the biggest challenges preventing AI adoption in an educational setting, including the need to shift traditional mindsets around learning practices. Geri highlights the AI in Education Community of Practice as a valuable resource for peer-reviewed tools and shared experiences. She also points out broader systemic constraints for AI adoption, such as high teacher workloads, limited time for upskilling, and digital inequities.[24:44] They discuss the evolving role of AI in education, emphasising the need to accept the role of AI in education and embed AI literacy within each discipline, preparing students for real-world use in their future careers. [28:16] Tom concludes the interview by asking Geri about the future of AI in education. Geri emphasises that AI should be embraced rather than resisted, highlighting the need for comprehensive policies, clear guidelines, and implementation roadmaps (including staff training and student use protocols) to ensure responsible and effective integration of AI in educational settings.Information in this episode is accurate as at the date of recording, 6 May 2025.Please contact Tom Maasland, Kate Cruickshank or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive teFor show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback In this episode of Trusted Insights, Private Wealth Partner Aimee Mitchell is joined by Working Minds Psychologist, Evana Lithgow to discuss the intricacies of family governance and succession planning. Together they discuss the importance of starting conversations early, and strategies to prevent and managed family conflicts. With an expected $1 trillion in wealth to be transferred between generations in New Zealand over the next 20 years, Aimee and Evana delve into the reasons behind delayed succession planning, the importance of starting conversations early, and strategies to prevent and manage family conflicts.[00:48] Aimee discusses the impact of the GFC and market conditions on succession planning, as well as the growing issues of incapacity, unexpected deaths, and family disputes.[02:18] Evana shares insights on why families delay succession planning and where to begin. She outlines the importance of understanding the context and maximising time for conversations.[04:25] Evana emphasises starting with small, meaningful conversations rather than elaborate plans and addressing concerns about children's reactions to wealth discussions.[06:21] Evana advises parents to process their thoughts before discussing with children and noting the importance of context, story, and journey in succession planning.[08:27] Evana discusses the need for gradual information sharing and managing expectations as well as choosing the right moment and being honest in discussions.[11:05] Evana discusses the value of understanding one's own aspirations and contributing to the dialogue.[14:42] Evana highlights the importance of inclusive, structured conversations and encouraging healthy, constructive discussions and understanding differences of opinion.[18:14] Aimee and Evana discuss the importance of conversation and understanding before documentation. They mention the benefits of harvesting content for documents through discussions.[21:03] They discuss the measures to prevent conflicts over inheritance and the importance of seeking diverse advice.[25:58] Evana shares insights on managing conflict, emphasising good communication hygiene and understanding concerns and the importance of rich, dynamic communication and involving trusted advisors when necessaryInformation in this episode is accurate as at the date of recording, Wednesday 26 February 2025.Please contact Aimee Mitchell or our Private wealth team if you need legal advice and guidance on any of the topics discussed in the episode. Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get you podcasts.You can also email us directly at trustedinsights@minterellison.co.nz and sign up to receive private wealth updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, MinterEllisonRuddWatts' Senior Associate Briar Richardson speaks with IP Partner Chris Young and Tax Partner Simon Akozu about some important intellectual property and tax considerations for cross-border transactions.Chris and Simon discuss the rationales for centralising IP ownership and highlight critical factors to evaluate when structuring IP arrangements from both commercial and tax perspectives. They also address recent comments from Inland Revenue that bundled intangible property transactions are the 'highest risk category' of intangible transactions, and emphasise the need to assess the nature of IP rights being transferred.Recent cases PepsiCo (Australia) and Country Road (New Zealand) also have potential significant impact on the characterisation and tax treatment of IP rights. Chris and Simon will discuss these in more detail in a future Tech Suite episode following on from this introduction.[02:47] Simon highlights the critical role of tax considerations in IP centralisation, discussing key aspects such as tax amortization, attribution of taxable value, and the importance of aligning business strategies with global tax frameworks.[04:01] Chris underscores the importance of early IP strategy planning, highlighting the need for IP audits, as well as policies and processes to identify and protect the intangible assets a business creates.[09:15] Simon and Chris discuss the tax implications of IP characterisation within the New Zealand context. Simon highlights that accurately defining IP from the outset is crucial, as it can significantly impact tax treatment, particularly during restructures or cross border sales. [14:24] Chris talks about the classification of IP in a sale and purchase situation, noting how this may differ from an IP and tax perspective, with Simon noting how New Zealand tax authorities scrutinise classification in IP transfers.[17:01] They lastly highlight the need for ongoing IP arrangements once the IP is transferred, focusing on registration, licensing, and ownership of IP rights, while considering jurisdiction-specific rules and tax implications. They also emphasize the importance of addressing licensing-back agreements and royalties, particularly in light of recent cases like PepsiCo (Australia) and Country Road (New Zealand). These cases (currently under appeal) will be covered in a future episode.Information in this episode is accurate as at the date of recording, 3 December 20For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Richard Wells and Senior Associate Suzy McMillan from our firm's Corporate and Commercial team, provide valuable insights on the draft Biometric Processing Privacy Code (Code) proposed by the Office of the Privacy Commissioner (OPC).   [01:09] Suzy begins the episode outlining the background to the proposed Code, discussing the OPC's exposure draft, the current draft of the Code and the consultation process that is now underway.[02:15] Suzy and Richard discuss the purpose of the Code; to establish clear rules for the collection, use, storage, and processing of biometric information. They outline the types of data the Code will capture, including facial recognition and fingerprint scanning, emphasising that its application is limited to the processing of biometric information by a machine-based system.[03:38] Richard highlights the important interplay between the Code and existing IPP principles under the Privacy Act 2020. They analyse certain rules under the Code that will modify existing information privacy principles, focusing first on Rule 1 which requires organizations to justify the necessity of collecting biometric information by undertaking a proportionality test and ensuring adequate privacy safeguards are in place to protect the information.  Suzy and Richard consider the potential impacts this may have on organisations who collect and use biometric information. [07:48] Richard then examines the transparency and disclosure requirements imposed by the Code, noting how these new obligations for organisations to clearly inform individuals about biometric information processing, represent an elevated standard of disclosure from existing privacy laws.[10:55] Suzy explains Rule 10 of the Code, which sets restrictions on how biometric information can be used and outlines prohibited uses, such as inferring sensitive personal attributes.[12:40] Richard summarises the Code's status with the OPC, highlighting the submission deadline of 14 March 2025. They mention the Code's potential compliance burden, retrospective nature and the nine-month grace period for compliance.[14:37] Richard closes out the episode reflecting on the balance between technological innovation and privacy protection, noting how the Code marks one of the most significant developments in New Zealand privacy law in recent years.Information in this episode is accurate as at the date of recording, 20 February 2025.Please contact Richard Wells, Suzy McMillan or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.  For show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback We are pleased to share with you our new podcast, Sustainable Impact - new series exploring the conversations and developments in sustainability that are shaping Aotearoa New Zealand's future. In our first episode, partners Holly Hill and Stephanie de Groot host Minister Simon Watts, the Minister of Climate Change. They discuss the Government's climate strategy, the challenges and opportunities in achieving New Zealand's climate goals, and the importance of collaboration between the government and the private sector. The episode provides insights into the implementation of the climate strategy, cross-party support, and the role of renewable energy in New Zealand's future.[00:00:34] Stephanie asks Minister Watts about the five-point climate strategy unveiled in July last year. Minister Watts outlines the strategy's components and discusses the implementation plan and specific timeframes.[00:02:18] Minister Watts talks about the comprehensive emissions reduction plan published before Christmas, highlighting the multi-sector approach and the progress already underway in increasing renewable energy capacity.[00:03:09] Holly asks about the Government's plans for working with the private sector on climate initiatives. Minister Watts emphasizes the importance of collaboration and provides an example involving Genesis and biomass production at Huntly.[00:04:36] Stephanie asks about the challenges of balancing climate ambitions with economic growth. Minister Watts explains how investment in renewables can drive economic growth and reduce emissions simultaneously.[00:06:31] Minister Watts discusses the potential of offshore renewable energy in New Zealand and the government's role in removing regulatory barriers to facilitate industry investment.[00:08:19] Stephanie asks about achieving cross-party support for climate initiatives. Minister Watts highlights the importance of enduring frameworks and bipartisan efforts, particularly in climate adaptation.[00:10:45] Holly raises the topic of New Zealand's commitment to the Paris Agreement. Minister Watts reaffirms the government's commitment and discusses the targets and progress outlined in the emissions reduction plan.[00:12:26] Stephanie asks which sectors might face the greatest challenges under the emissions reduction plan and whether the government will provide additional support. Minister Watts acknowledges the challenges across all sectors and emphasizes the need for increased renewable energy generation.[00:14:43] Holly brings up the recent review of methane targets. Minister Watts explains the steps being taken following the report's release and the importance of providing certainty to the agricultural sector.[00:16:32] Stephanie highlights the climate adaptation framework addressing extreme weather events. Minister Watts outlines the framework's four key components aFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Technology Partner, Tom Maasland, talks to Financial Services Partner, Jeremy Muir, about the evolving landscape of digital money in New Zealand. [01:33 – 03:37]  Jeremy begins by explaining what digital money is and the distinction between various public and private forms of money, such as fiat currencies, bank deposits, e-wallets, loyalty cards and cryptocurrencies.[03:38 – 06:57] Tom and Jeremy then focus on Central Bank Digital Currencies (CBDCs), discussing how governments worldwide, including New Zealand, are exploring these types of public digital currency options. Jeremy further explains the distinction between wholesale CBDCs, used by financial institutions, and retail CBDCs, designed for everyday consumers.[06:58 – 09:37] Tom and Jeremy discuss the Reserve Bank of New Zealand's (RBNZ) Digital Cash Project, which is exploring the feasibility of New Zealand's own "digital cash” retail CBDC. Jeremy outlines the project's four-stage timeline and highlights the significant public and industry feedback received during the current consultation phase.[09:38 – 11:57] They then consider how digital cash would operate in practice, if adopted in New Zealand. Jeremy details the key design features proposed by the RBNZ, including that digital cash would be issued by the RBNZ, exchangeable one-to-one with physical cash, and distributed through third-party providers such as Banks and Fintechs. He highlights the importance of privacy in digital cash design, aiming to maintain anonymity and accessibility while balancing regulatory requirements for financial security and anti-money laundering.[11:58 – 14:02] Tom asks how digital cash would co-exist with existing forms of digital money and physical cash, with Jeremy considering the potential interplay between these forms of currency and whether it's time to consider retiring the traditional piggy bank.[14:02 – 16:19] Jeremy lastly talks through some of the potential implications of a retail CBDC on bank deposits, home loans, and consumers, as well as what the future holds for digital payments in New Zealand.Information in this episode is accurate as at the date of recording, 24 January 2025.Please contact Jeremy Muir of our Financial Services team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.  Disclosure – MinterEllisonRuddWatts Partner Jeremy Muir is a member of RBNZ's advisory group in relation to development of its digital cash proposals. Additional resourcesTech Suite | Tokens of our affection (an introduction to digital assets), part oneTech Suite | Tokens of our affection (an introduction to digital assets), part twoFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Richard Wells and Senior Associate Suzy McMillan from MinterEllisonRuddWatts' Corporate and Commercial team discuss the critical issue of ransomware attacks, their impact on organisations, and the key legal considerations involved in responding to such threats.[01:24 – 02:28] Richard and Suzy observe that ransomware attacks have become a significant concern for organisations of all sizes in recent times, emphasizing the legal and operational challenges they present.  [02:29 – 04:02] Suzy explains that a ransomware attack involves the use of malicious software to encrypt an organisation's data, restricting access to critical IT systems until a ransom is paid. She highlights the growing trend of threat actors (TAs) use of tactics like exposing sensitive information to exert additional pressure on organizations.[04:03 – 06:12] Richard and Suzy talk through initial steps in responding to a ransomware attack, such as activating incident response plans, forming crisis management teams and engaging experts such as cybersecurity professionals and negotiators. Richard highlights the importance of consulting cyber insurers before taking any specific actions and also third parties such as the Police.[07:03 – 12:10] Richard and Suzy consider the practical, legal and moral implications of paying ransomware demands, including unreliable recovery, potential reputational damage, and the ethical dilemma of funding criminal activities. [12:30 – 14:03] Richard considers the New Zealand Government's stance on ransom payments in comparison to approaches taken in other jurisdictions.  [14:04 – 16:28] Suzy then discusses legal developments in cyber incident reporting in New Zealand, including the introduction of regulations by the RBNZ and FMA, requiring various financial institutions to report the occurrence of cyber incidents.[16:30 – 19:13] Suzy and Richard compare New Zealand's framework with Australia's mandatory requirements for reporting ransomware payments, highlighting the establishment of Australia's Cyber Incident Review Board as a collaborative approach to resilience against such threats.Information in this episode is accurate as at the date of recording, 25 November 2024.Please contact Richard Wells, Suzy McMillan or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.  For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this special episode of Tech Suite, Tom Maasland, a Partner in MinterEllisonRuddWatts' Technology team, wraps up the year with a festive edition showcasing practical and fun ways to explore some innovative AI tools during the summer holidays.[00:20] Tom outlines the episode's focus: showcasing a range of AI tech tools that can enrich listener's summer activities, whether it's holiday planning, tackling creative projects, or just sparking engaging conversation around the BBQ.[01:19] Tom firstly considers ChatGPT, highlighting its practical applications, like planning itineraries, suggesting local activities or even generating Christmas meal suggestions. He also suggests some other similar tools for listeners to try out; Claude, Mistral, Gemini, Meta AI, Hugging Face and Grok. [04:10] Tom then introduces Perplexity, a conversational search engine that is offering an alternative way to search the internet from more traditional models.[05:21] He discusses the benefits of using Notebook LM for summarizing and transforming complex documents into digestible formats such as podcasts.[06:45] Tom then suggests some fun tools that might entertain you and your family this summer, such as Character.AI and DALL-E which can create custom interactions and images.  Below are the images that DALL-E created on the basis of Tom's prompts:“Image of a podcaster, wearing a Christmas hat, in mid conversation, with neon lighting on a dark wall.”And then: “Summer scene in New Zealand, azure water, white sand beach, kids playing cricket on the beach, an island covered with trees in the distance, picnic in the foreground and a sailing boat in the distance.”Refined further: “Could you make that a late afternoon scene, so the light is softer?”Refined further again: “This time in the style of an impressionist painter.”And lastly prompted: “set it in space, but not to be impressionist anymore.”[09:40] Tom rounds out the episode by showcasing Udio, an AI music generator, that can help create original songs for your summer playlist.  He generates this summer inspired song through the prompt – “summertime, beachtime, family and friends, alternative rock”. Information in this episode is accurate as at the date of recording, 3 December 2024.Please contact Tom Maasland or our Technology team if you need any legal advice and guidance on any of the topics discussed in the episode, or anything else.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts.  You can email us directly at techsuite@minterellisonFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Technology Partner Tom Maasland talks with Litigation Partner Andrew Horne, about the overlooked risks of ‘innocent' cyber failures and key lessons businesses can take from CrowdStrike's recent non-malicious cyber incident.[00:20] Tom and Andrew discuss the CrowdStrike software update failure. They explain how a single line of incompatible code in an update designed to enhance system security led to global IT outages and although it impacted only a small fraction of Microsoft users, the incident caused significant disruption with far-reaching consequences worldwide.[03:41] Andrew considers the potential losses and liabilities a business might face from a non-malicious cyber failure, using the CrowdStrike incident as a case study.[05:14] Tom and Andrew discuss potential challenges for insurance coverage in this situation, noting how many policies focus on criminal acts, leaving gaps in coverage for businesses in the event of a non-malicious cyber failure. [08:57] Andrew then talks through regulations, being introduced in New Zealand by the Reserve Bank of New Zealand and Financial Markets Authority that will impose disclosure and reporting requirements for operators when faced with a cybersecurity incident, whether malicious or not.[12:14] Andrew suggests strategies tech dependent businesses can adopt to mitigate risk and liability from similar incidents, including preparing detailed backup plans, implementing robust testing and phased updates, and conducting insurance reviews and contractual due diligence to understand risk exposure.Information in this episode is accurate as at the date of recording, 22 November 2024.Please contact Tom Maasland, Andrew Horne or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. Additional resources Beyond cyber crime: The increasing risk of ‘innocent' cyber failures For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Jane Parker from our Corporate and Commercial team, talks to Richard Kenyon, Associate Director of Operations and Engineering at Datapay AI Labs. Jane and Richard discuss expert AI systems and their evolution, looking at their current capabilities and future potential. [01:13] Richard begins by explaining the evolution of expert AI systems, from fixed rule-based systems to more flexible, machine-learning-powered models, He then illustrates what an expert AI system is by way of a payroll use case from Datapay AI Labs.[03:45] Jane and Richard discuss the key differences between expert AI systems and generative AI, highlighting their reliance on up-to-date authoritative data and noting their greater factual reliability compared to generative AI models.[06:07] Jane and Richard consider how expert AI systems integrate large language models and machine learning to answer questions and reduce the chance of ‘hallucinations'.[09:07] They discuss the challenges that expert AI systems face in interpreting questions accurately and how the system ensures clarity.[13:17] Richard then explains the risks of uncertainty in expert systems and how testing ensures their reliability in specialized domains such as payroll.[15:47] Jane and Richard consider what other legal subject areas may benefit from the use of expert AI systems.[21:12] Lastly, they discuss the future of expert AI systems in a New Zealand context, considering where opportunities for development lie.Information in this episode is accurate as at the date of recording, 7 October 2024Please contact Jane Parker or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Neil Millar interviews Partner Tom Maasland, head of our Technology division, to discuss the evolving role of artificial intelligence (AI) in the M&A landscape. Tom provides expert insights into how AI is enhancing efficiency and accuracy in key areas of the M&A process, from due diligence to contract drafting and integration strategy. He also addresses the opportunities and challenges of adopting AI tools within the complex regulatory and operational environment of M&A.[01:05] Tom provides a foundational definition of AI, its applications, and subsets like machine learning and generative AI.[02:40] Neil and Tom dive into practical applications for AI in M&A, such as legal compliance, due diligence, and M&A strategy.[02:39] Tom talks about how AI tools are accelerating processes in M&A, with use cases across legal compliance, due diligence, document preparation, and post-merger integration. [05:15] Tom outlines that AI's performance in M&A is mixed. While helpful in routine tasks, AI struggles with nuances in contracts and can generate inaccurate outputs due to hallucinations or data limitations, particularly for non-United States jurisdictions.[10:03] Neil and Tom discuss the challenges of AI models that lack regional knowledge, like New Zealand's M&A market, which limits effectiveness.[13:07] Tom outlines that AI will continue to evolve, especially in analysing patterns in past M&A deals to identify successful strategies.[13:21] Tom predicts AI will eventually improve knowledge retention, negotiation support, and strategic insights by learning from historical deal data. However, the human element will remain crucial to ensuring AI's effectiveness in high-stakes transactions.[16:23] Tom and Neil discuss AI's future role in deal-making. While AI's data-driven insights support decision-making, they agree that human judgment will remain critical, especially in high-stakes M&A decisions.Information in this episode is accurate as at the date of recording Friday, 6 September 2024.Please contact Neil Millar, Tom Maasland or our Corporate or Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Corporate and Commercial Senior Associate Suzy McMillan is joined by Employment Partner June Hardacre to continue their discussion on employee and workplace privacy considerations.In their previous episode, June and Suzy highlighted key policies and practices organisations should implement to ensure compliance with employee privacy obligations. In this episode, they take a deeper dive into the topic, this time focusing on the actionable privacy rights of employees.[00:33] Suzy begins by highlighting the episode's focus on actionable privacy rights, and more specifically how to respond to IPP 6 requests under the Privacy Act 2020 from employees as opposed to customers.[01:33] June explains typical employee motivations for requesting personal information, such as in redundancy and workplace dispute situations.[03:48] Suzy and June discuss a step-by-step approach to dealing with IPP 6 requests from employees. As a first step they stress the importance of defining and communicating timing and scope to provide clarity for the requestor and to ensure the organisations meets their compliance obligations. [08:55] They consider how employers should then go about completing the search and assessment process for an employee IPP 6 request, discussing particular tools, such as AI, that can assist in processing the information.[10:29] Suzy queries how employers should document the process. June explains that an agreed methodology based on the scope is fundamental to organise the information disclosure process. They highlight the value of open communication, documenting the review process, and using a clear, strategic response to maintain transparency and efficiency.[18:14] Suzy and June consider if there is any ability to charge for IPP 6 requests beyond a nominal mount[19:41] June then suggests strategies for granting access to requested information, while keeping it separate from other unrelated, yet sensitive information.[22:30] Rounding out the step-by-step process, they lastly consider how to respond and report the information to the employee to finalise the IPP 6 request process.Information in this episode is accurate as at the date of recording, 8 November 2024.Please contact June Hardacre or Suzy McMillan if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Neil Millar interviews Aaron Lloyd, a Partner in our Litigation and Dispute Resolution division on buyer remorse in M&A deals. They delve into the complexities of post-acquisition disputes and the strategies that businesses can use to protect themselves. They highlight the importance of clarity in sale agreements, common pitfalls, the significance of acting swiftly on claims, and the role of holdbacks, escrow, and guarantees in managing risk.[00:49] Neil and Aaron note the significant rise in M&A disputes exploring how economic shifts have contributed to this trend, particularly with buyers feeling they've overpaid. They talk about buyer's remorse and strategic litigation, how parties often use litigation as a tool when deals turn sour. [04:28] Aaron outlines the common types of claims, including breach of warranty and misleading conduct, and discusses how economic changes are driving value-based disputes where buyers feel the deal no longer aligns with original expectations.[05:29] Aaron stresses the importance of going beyond data room disclosures and conducting a thorough review with a disclosure letter to avoid post-deal surprises.[14:17] Neil and Aaron discuss the importance of providing careful and measured responses to RFIs to avoid creating unintended warranties that could lead to future legal issues.[16:30] They talk about the importance for buyers to act swiftly on any post-acquisition suspicions or issues, ensuring they don't miss deadlines for making claims, particularly around warranties.[18:11] They outline the importance of escrow, holdbacks, and guarantees in protecting buyers from potential warranty claims and ensuring there's accessible money if a claim is necessary.[00:20:10] Finally, Aaron emphasises the need for clarity in price adjustment mechanisms to avoid disputes. Information in this episode is accurate as at the date of recording Tuesday, 24 September 2024.Please contact Neil Millar, Aaron Lloyd or our Corporate or Litigation team if you need legal advice and guidance on any of the topics discussed in the episode.Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode of Data Room, Partner Neil Millar is joined by competition law expert Jennifer Hambleton to dissect the recent decisions made by the Commerce Commission (Commission) regarding the proposed acquisitions of Serato by AlphaTheta and the Foodstuffs merger. They explore the implications of these decisions on competition in the DJ software and grocery markets, the factors that led to the Commission's rejections and the emerging trends in regulatory scrutiny of mergers in New Zealand. Neil and Jennifer outline the complexities of competition law and offer valuable takeaways for businesses navigating the evolving landscape of mergers and acquisitions.[00:49] Jennifer outlines the proposed acquisition of Serato by AlphaTheta emphasising AlphaTheta's role as a global manufacturer of DJ equipment and the significance of their long-standing partnership with Serato.[04:00] They discuss the Commission's decision to decline the merger. Jennifer notes the Commission's concerns over substantially lessening competition in the DJ software market, particularly the Commission's view that AlphaTheta could stifle competition from rival hardware suppliers.[07:55] Jennifer explains the proposed merger with Foodstuffs North and South Island, outlining their bid to merge into a single national cooperative.[09:54] Jennifer outlines the Commission's main reasons for rejecting the merger, including a reduction in major grocery buyers from three to two and reduced innovation in the grocery market. [12:39] Neil and Jennifer discuss how recent decisions indicate a more conservative approach by the Commission, highlighting the importance of understanding market dynamics and potential opposition when considering mergers and acquisitions.Information in this episode is accurate as at the date of recording Friday, 4 October 2024.Please contact Neil Millar, Jennifer Hambleton or our Corporate or Competition team if you need legal advice and guidance on any of the topics discussed in the episode.Don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.Additional resources Commerce Commission declines to grant clearance for proposed Foodstuffs mergerCommerce Commission's first annual grocery report concludes competition still limitedFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partners Gillian Service and June Hardacre, in our Employment team provide an insightful update on key employment law developments. They discuss key topics including worker status, good faith breaches, the integration of tikanga into employment law and potential changes on the horizon.  [01:00] June provides an overview of key cases, focusing on worker status, good faith, and non-publication orders, with notable developments from the Employment Court and Employment Relations Authority.  [03:30] Gillian and June look at legislative developments including the Holidays Act Reform, health and safety regulations and upcoming changes to contracting laws. They discuss the "gateway test" for determining contractor status.  [05:00] Gillian outlines the Uber Court of Appeal decision and its potential impact on businesses using standard-form contractor agreements. She touches on the broader implications for businesses with large, contracted workforces.  [12:00] June providesan update on the influence of tikanga in the employment court. They address the integration of tikanga principles, highlighting the cautious approach taken by the courts in applying these values.  [14:00] The pair thenexamine the introduction of implied contractual duties and the possibility of general damages. They discuss the evolving understanding of good faith in employment agreements, including a significant case that introduced new remedies for breaches of good faith.  Information in this episode is accurate as at the date of recording Tuesday, 26 September 2024. Please contact Gillian Service, June Hardacre or our Employment team if you need legal advice and guidance on any of the topics discussed in the episode. Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Neil Millar and Senior Associate Tayla Johnston from our Corporate and Commercial team dive into the current state of mergers and acquisitions (M&A) in 2024 and their outlook for 2025. They revisit their 2024 M&A Forecast, reflecting on key market trends, and explore what may lie ahead for the industry, particularly focusing on private equity, trade buyers, and distressed assets. They also cover the challenges posed by cautious buyers and the slow pace of deal closures, along with insights into sectors that remain hot for investment.[00:30] Tayla and Neil begin by recapping the challenging M&A landscape of 2023 and their initial cautious optimism for 2024. They reflect on how these trends have carried into 2024, with some improvements, particularly led by private equity.[2:18] They note how private equity has continued to drive M&A activity despite macroeconomic challenges. [5:11] Neil and Tayla talk about how delays increase the chances of deals falling through, as both buyers and sellers have more time to reconsider.[06:20] They discuss the outlook for 2025 with private equity expected to continue driving deals. They also highlight key drivers that are causing an uptick in activity.[11:00] Neil and Tayla mention buyer's remorse, where buyers are reassessing deals made during the COVID-driven boom and dealing with post-purchase disputes. [13:02] They discuss the new and hot sectors in 2024 and highlight recent deals in these sectors, including major health tech and fintech transactions. [15:14] Finally, they talk about distressed M&A and turnaround funds. They explain the limited presence of turnaround funds in New Zealand and Australia and whether we will see more. Information in this episode is accurate as at the date of recording Tuesday, 24 September 2024.Please contact Neil Millar, Tayla Johnston or our Corporate team if you need legal advice and guidance on any of the topics discussed in the episode.Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here.Additional resourcesM&A Forecast 2024For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Senior Associate Kate Cruickshank in our Corporate and Commercial team, talks with Sarah Sun, Head of Digital & AI Whare, and Jenna Whitman, Chief Information Security Officer at government agency Callaghan Innovation, about the latest AI initiatives it has helped develop to support NZ businesses: The AI Activator and GovGPT.[00:55] Kate begins the episode outlining recent developments in AI policy and direction in New Zealand, noting how the recently announced AI Activator initiative and GovGPT pilot programme, sit within wider government aims to support AI innovation and growth in New Zealand. [01:40] Sarah and Jenna provide background information about Callaghan Innovation, a government agency that acts to foster innovation and the growth of New Zealand businesses by connecting the government, academia, and industry.[06:02] Sarah discusses the nature of the AI Activator and how it was developed as a joint project between government agencies. She outlines it's three basic pillars; problem-solving, upskilling, and fostering community, noting how these pillars are designed to help New Zealand businesses adopt AI more effectively and efficiently. [09:04] Sarah then explains to Kate how businesses can access and use the AI Activator through the Callaghan Innovation website. [09:37] Jenna then discusses GovGPT and how it was created as a ‘digital front door' for businesses to easily navigate government services, noting that it leverages Microsoft's technology stack to develop a scalable, multilingual platform suited for New Zealand's unique context.[13:28] Kate and Jenna discuss the technical details of GovGPT and why users can be confident of its outputs, when the public pilot of GovGPT is released in mid-October. Information in this episode is accurate as at the date of recording, 24 September 2024.Please contact Kate Cruickshank or our technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Partner Tom Maasland and Senior Associate Libby Conole from our Technology team discuss the impacts of EU General Data Protection Regulation (GDPR) on New Zealand businesses working with overseas suppliers. They explain why GDPR really matters in the New Zealand context, and how best to navigate related contractual terms.[01:30] Tom and Libby begin the episode by considering what GDPR is, and why it matters to New Zealand businesses, particularly when dealing with overseas suppliers.[03:14] Libby talks through the GDPR's impact for New Zealand businesses, noting the GDPR's distinction between data controllers and processors and how this differs from New Zealand's privacy law concepts.[04:30] Tom and Libby discuss GDPR Article 28, how it requires contracts to be put in place where data processing occurs and specifies certain obligations that must be contained in those contracts for data protection purposes.[06:50] Libby then explains the relevance of these obligations for New Zealand businesses when dealing with an overseas company and their standard terms of trade, offering valuable practical advice on how to deal with such clauses.[10:11] Libby and Tom lastly discuss GDPR standard contractual clauses and their role in ensuring data protection across borders. They consider how New Zealand businesses are affected by such clauses and how they should navigate them in practice.Information in this episode is accurate as at the date of recording, 18 September 2024.Please contact Tom Maasland, Libby Conole or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch if you have any feedback. Don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this follow-up episode, Partner Jeremy Muir from MinterEllisonRuddWatts' Financial Services team, reconnects with Shane Marsh, co-founder of Dosh, to discuss the recently released Commerce Commission market study report on personal banking services (Report). They explore its potential impacts on the banking industry and share insights into the future of digital banking in New Zealand.[01:22] Jeremy and Shane discuss the key finding of the report; that New Zealand's personal banking services sector lacks competition. They delve into the underlying reasons for this issue and highlight the main takeaways from the Report, particularly from a digital banking perspective.[03:58] They discuss the need for “maverick” providers in the personal banking industry and which industry providers might be best placed to be fill that void in New Zealand. [07:10] Shane highlights Monzo, a digital banking trailblazer from the UK, as an international example of a “maverick” and market disruptor. He explains how their tech-driven, digital-first banking model has enabled them to successfully challenge traditional banks. [08:30] Jeremy and Shane then explore the Reserve Bank's role in promoting competition in the personal banking services sector. Shane argues that capital thresholds for new entrants should reflect the applicant's risk profile, suggesting that smaller, digital-only banks with lower risk should have reduced capital requirements to encourage innovation and competition.[11:15] Jeremy and Shane acknowledge the government's quick response to the Report and consider what in practice this means for the market.  [13:52] They discuss the Select Committee inquiry that is now underway and how it provides an opportunity for industry participants to support meaningful change, noting the deadline for submissions of 25 September 2024[15:51] Shane closes out the interview sharing his insights into the future of personal banking in New Zealand, noting the dawn of a new digital banking era is now underway.Information in this episode is accurate as at the date of recording, 11 September 2024.Please contact Jeremy Muir or our Financial Services team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch if you have any feedback. Don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. Additional resourcesNew Zealand's digital bank revolution with Dosh co-founder Shane MarshCommerce Commission: Personal banking services market study – Final report 20 August 2024Select committee: Inquiry into banking competition – Submissions due 25 September 2024Dosh WebsiteFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this follow-up episode Special Counsel, Sonya Forbes and Senior Associate, Suzy McMillan both from MinterEllisonRuddWatts' Corporate and Commercial team, continue their discussion on the status of consumer data rights in New Zealand.In their last episode, Sonya and Suzy provided an insightful overview of the recently released Customer and Product Data Bill. In this episode they focus on the evolving open banking ecosystem in New Zealand, examining how it is being shaped by both regulatory and industry-led initiatives.  [01:14] Suzy begins by recapping that New Zealand is in the process of developing its own statutory framework for consumer data rights, through the Customer and Product Data Bill (Bill). She notes that the Bill is currently progressing through parliament, but its finalisation and implementation as law could take some time.  [01:45] Sonya discusses what is occurring in the marketplace in the meantime, noting that implementation of a consumer data right has begun in the banking sector, on a voluntary, industry-led, basis with “open banking”. She explains the concept of open banking and how it works in practice.[03:45] Sonya talks through the main open banking industry-led initiative; the development of Application Programming Interfaces (API) and API standards to facilitate data and payment sharing. [04:25] Sonya then discusses the role of Payments NZ's involvement in developing API standards and the Minimum Open Banking Implementation Plan, which New Zealand's five largest banks (ANZ, BNZ, ASB, Westpac and Kiwibank) are expected to comply with by certain specified dates. [05:52] Suzy and Sonya consider the challenges fintech's face when trying to integrate with banks using APIs, in the absence of regulation. They explain that due diligence and time-consuming bilateral agreements are needed to support data sharing, but that the process will be simplified through standards and regulations under the Bill once it is passed into law.[11:20] Sonya considers how the Commerce Commission has been involved in supporting open banking, noting the importance of three key decisions it has released this year. She discusses with Suzy the interplay between the Commerce Commission and Ministry of Business, Industry and Employment (MBIE) in the development of a consumer data right and the lessons they've drawn from overseas experiences.[17:16] Sonya and Suzy lastly discuss MBIE's consultation process on designations for both the banking and electricity sectors, noting the submission closing date of 10 October 2024. Information in this episode is accurate as at the date of recording, 9 September 2024.Please contact Sonya Forbes or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch if you have any feedback. Don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback In this episode, Richard Wells, a Partner in our Corporate and Commercial team, talks with Senior Associate, Sarah Redding, about the legal fundamentals of limitation of liability clauses; how to interpret and negotiate them and why it's important to strike a contractual balance of fairness when utilising these types of clauses. [01:19] Richard and Sarah begin the episode talking through the basics of limitation of liability clauses, explaining how they cap a party's potential liability to an agreed upon amount and why such limitations are crucial for providing financial foresight and managing risk.[03:11] Sarah highlights key components that need to be considered when drafting or reviewing a limitation of liability clause, including ensuring fairness to avoid unfair contract terms and deciding whether the limitations should be reciprocal or one-sided, depending on the specific context of the contract.[05:41] Sarah then explains the importance of understanding aggregate versus per claim limitations and the types of losses that might be excluded from such clauses.[08:14] Richard and Sarah discuss different approaches to structuring the value of the limitation, such as using fixed caps, "greater of" clauses, or multiples of the contract value. Richard notes the importance of choosing the right structure to reflect the nature of the contract and the risk profile of the parties involved.[10:47] Lastly, they highlight some potential pitfalls in negotiating limitation of liability clauses, including the importance of clarifying how limitations interact with other fees or charges under the contract. Sarah emphasises the importance of specificity and clarity to ensure that the limitation of liability is enforceable.Information in this episode is accurate as at the date of recording, 26 August 2024.Please contact Richard Wells or Sarah Redding or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch if you have any feedback. Don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

Send us a messageIn this episode, Jeremy Muir, a Partner in our Financial Services team, talks to Shane Marsh, co-founder of Dosh, an innovative digital banking app provider. They talk about the changing landscape of banking in New Zealand and Dosh's plans to become a registered bank.[01:11] Jeremy and Shane discuss the differences between traditional banks, with physical branches and long-established customer bases, and digital banks, which operate exclusively online through the latest digital technology and cater to “digital natives”.[03:37] Shane talks about the challenges traditional banks face due to legacy infrastructure and the high operating costs of physical branches. He points out that digital banking providers, free from these traditional challenges, are well placed to pass on cost efficiencies to customers.[06:36] Jeremy points out the opportunity for different banking methods within the market; some customers may still prefer physical branches, but many “digital natives” prefer banking apps and solutions that reflect their more tech focused lifestyles. [08:11] Shane then provides insights into the development of digital banking globally, with a focus on the UK and Australia, noting how these digital banking models are influencing the banking sector worldwide.[10:57] Jeremy and Shane discuss Dosh's intent and progress in obtaining a bank licence with the Reserve Bank of New Zealand. Shane outlines the company's readiness to compete with established banks and the potential for Dosh to meet the growing demand for digital banking solutions in New Zealand, ahead of the release of the Commerce Commission's final report into market competition in New Zealand's banking sector which is due to be released.[15:21] Shane discusses the capital requirements for becoming a registered bank in New Zealand and how Dosh's business model differs from traditional banks, presenting a case for a more tailored approach to capital regulation for digital banks.Information in this episode is accurate as at the date of recording, 13 August 2024.Please contact Jeremy Muir or our Financial Services team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here. Additional resources Dosh websiteCommerce Commission: Personal banking services market study – Draft report 21 March 2024 For show notes and additional resources visit minterellison.co.nz/podcasts

Send us a messageIn this episode, Corporate and Commercial Senior Associate Suzy McMillan is joined by Employment Partner, June Hardacre to discuss employee and workplace privacy considerations.Suzy and June discuss key policies and practices organisations should consider implementing to ensure compliance with their privacy obligations in relation to the collection, treatment, and protection of employee information, and outline how this may differ from customer focused privacy compliance.[01:21] Suzy begins by noting that all New Zealand employers are subject to and must comply with the Privacy Act 2020 (Privacy Act) in relation to any personal information which they collect about or from their employees. She asks June what privacy practices and policies employers should have in place to protect this type of information and how these may differ from other privacy policies the organisation may have in place. [02:37] June observes that the enduring nature of the employment relationship results in a large amount of employee data being collected by employers, and it is fundamental that employers are transparent with their collection and use of this data to comply with their obligations under the Privacy Act. The employer's proposed uses of employee personal information will also influence whether a separate employee privacy policy is necessary in the circumstances.[05:20] Suzy and June consider how an employer should deal with the information of prospective employees received during the recruitment process. June states that it may not be necessary to have a separate privacy policy to deal with this particular situation so long as it is covered under existing company privacy policies[07:44] June asks Suzy what IT systems employee data is typically held on and how organisations can ensure that these systems satisfy the IPP 5 requirements of the Privacy Act. Suzy notes that to comply with IPP 5 requirements, it is important for employers to ensure that the security levels of any procured IT system are reasonable in the circumstances, given the sensitive and valuable nature of employee data that might be stored on it.[10:10] June outlines, from a non-technical perspective, what employers should do to prevent employee information being mishandled, noting how this might differ from other general safeguards that are put in place when protecting personal information.[12:22] They then consider the balancing act required by employers in relation to the retention of employee information, against an employer's obligations under IPP 9 of the Privacy Act to ensure that information is not kept for longer than is lawfully required.[16:37] June and Suzy discuss the increasing workplace trend of employers collecting more sensitive employee data for the purposes of analysing and reporting on workplace diversity and inclusion and how this trend fits within principles of data minimisation. June suggests three guiding principles in this situation: understanding the need for the information, considering anonymous collection, and making employee response optional. She also recommends that a specific employee privacy policy may need to be put in place for the collection and use of this type of information.[20:08] Suzy and June conclude the episode, considering the employee privacy implications of surveillance and artificial intelligence use in the workplace. Information in this episode is accurate as at the date of recording, 15 July 2024.Please contact For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Special Counsel Sonya Forbes and Senior Associate Suzy McMillan delve into consumer data rights in New Zealand, providing an insightful overview of the recently released Customer and Product Data Bill (the Bill).[1:26] Sonya and Suzy start by explaining what a consumer data right (CDR) is and why it is important to both consumers and businesses in New Zealand. Sonya illustrates the concept further by providing tangible examples of how customer data can be used, with Suzy observing that use of the CDR may create opportunities for innovation and encourage competition that benefit consumers. [5:01] They discuss the current status of the Bill which was introduced to Parliament in May this year. The Bill intends to create a statutory CDR, noting it is still subject to change as it moves through the Parliamentary process and requires a range of details to be prescribed in regulations and standards, which are yet to be developed.[6:30] Sonya outlines one of the Bill's main purposes; establishing a statutory right for consumers to require data holders to share their customer data with third party providers known as accredited requestors. Suzy notes that consent (or authorisation) will be at the heart of this proposed regime and essential to its functioning. She then highlights several specific issues relating to authorisation under the proposed regime.[10:11] Sonya then considers the other main actions proposed by the Bill; firstly, the establishment of a statutory obligation for businesses to release certain information about their products (product data), and secondly the ability of certain classes of accredited requestors to make decisions and take steps on the customers behalf when directed by the customer (known as action initiation).[12:20] Suzy and Sonya discuss the potential offences and penalties for non-compliance under the Bill, outlining where legal risk in the regime lies. Suzy also highlights the potential crossover between this new law and the Privacy Act 2020 in relation to non-compliance.[14:21] They then canvas which type of data holders might be captured under the Bill. Sonya notes that the regime is intended to be introduced on a sector-by-sector basis using designation regulations.[16:50] Sonya explains who accredited requestors might be and what responsibilities they might have within the CDR ecosystem under the Bill.[19:37] They discuss the role of designation regulations and technical standards within the regime and the particular role that standardised Application Programming Interfaces (APIs) will play. [24:07] Suzy then considers in-depth, the interplay between the Bill and the Privacy Act 2020, noting how for the most part the Bill relies on the existing protections already established by that Act.[29:04] They close off the interview by considering what industries and businesses can do to best prepare for and navigate these changes which lie ahead should the Bill come into force as a new law.Information in this episode is accurate as at the date of recording, 18 June 2024.Please contact Sonya Forbes or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Tom Maasland, a Partner in MinterEllisonRuddWatts' Technology team, talks to Madeline Newman, Executive Director of the AI Forum of New Zealand (AI Forum). Tom and Madeline discuss the use of AI in New Zealand, including the development of a national AI strategy, government engagement, and the AI Forum's upcoming summit.[00:43 - 03:56] Madeline and Tom discuss the AI Forum's recent workshop hosted by MinterEllisonRuddWatts. They highlight the six key action areas explored for leveraging AI in New Zealand. They talk about the impact of generative AI and government interest. Madeline mentions the AI Forum's initiatives including the AI governance website. [03:56 - 07:08] The pair discuss the need for ambitious strategic goals, key sectors for AI application in New Zealand and talk about the draft vision of the AI blueprint. [07:08 - 10:18] Madeline talks about the importance of AI adoption at individual and organisational levels. She discusses accessibility and digital equality, the value of New Zealand's data sources, talent pool and success stories from the health sector. [10:18 - 5:22] Madeline then highlights the adoption of AI to drive economic growth. She gives examples of AI tools for personal and professional use and outlines safety and privacy considerations for AI tool usage. She encourages the audience to play around with the use AI in creative fields like music and video generation. Tom and Madeline then discuss the use of AI in education from AI tutors that personalised learning and ways AI can be used to support teachers.[15:22 -18:29] The pair then talk about the steps that are needed for New Zealand to become a global AI leader, the importance of changing risk appetites and unlocking better systems. They discuss about the need for educational and upskilling initiatives to prepare the workforce for job changes due to AI advancements.[18:29 - 21:11] Tom asks Madeline about the trust New Zealanders have in AI. They compare New Zealand's position on trust compared with the UK and Australia. They then discuss homegrown AI solutions, AI in healthcare, and the need for effective AI policies and international collaboration.[24:00 - 28.00] Finally, Madeline and Tom discuss the exploration of future AI trends and technologies, and talk about the upcoming AI Forum summit.Links and ResourcesAI Forum of New ZealandPrevious podcast episode on Copyright and AIInformation in this episode is accurate as at the date of recording, Friday 21 June 2024.Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Tom Maasland, a partner in MinterEllisonRuddWatts' Technology team, talks to ChatGPT-4o, the latest AI language model released by OpenAI, about itself and its impressive capabilities and in the process reveals some of the current limitations for the use of this technology.[01:47 - 05:55] Tom begins this fascinating interview asking ChatGPT-4o to introduce itself to listeners and define its main capabilities: What are its strengths and weaknesses for both every day and business use?[05:57 - 07:00] They then discuss the improvements ChatGPT-4o offers over its predecessors, ChatGPT 3.5 and 4.[07:33 - 12:35] Through illustrative questioning Tom gets ChatGPT-4o to showcase some of its uses and capabilities to listeners; putting together a short introduction for a seminar, composing a poem and summarising technologies that might revolutionise the future.[12:40 - 14:51] Tom then highlights ChatGPT-4o's conversational abilities, having an everyday conversation with it to demonstrate to listeners what a personal conversation with ChatGPT-4o sounds and feels like.[14:52 – 17:56] Tom then poses a quick fire round of questions to ChatGPT-4o, to delve deeper into understanding some of the limitations people may have with adopting and using this AI technology.  [17:56] Tom asks ChatGPT-4o about how it predicts AI will change the world in 10 years' time. Despite Tom's request for brief answers, it gave a very long answer which was not included in the recording. The full answer is set out below: Healthcare: AI could revolutionise healthcare with advanced diagnostics, personalised treatment plans, and efficient management of patient data. AI driven tools might help in early disease detection and provide support in surgical procedures. Transportation: Autonomous vehicles may become more common, leading to safer and more efficient transportation systems. AI will also optimise traffic management and public transportation, reducing congestion and travel time.Work in automation: Many routine and repetitive tasks will likely be automated, allowing humans to focus on more creative and strategic roles. AI could enhance productivity across industries, from manufacturing to service sectors for education. AI driven, personalised learning platforms could tailor education to individual student needs, providing adaptive learning experiences and supporting teachers with administrative tasks. Smart cities: AI will play a crucial role in developing smart cities, optimising energy use, waste management and public safety. Connected infrastructure will improve the quality of urban life. Environmental sustainability: AI can contribute to solving environmental challenges by optimising resource use, monitoring ecosystems, and supporting sustainable practices in agriculture and industry. Entertainment and medical: AI Generated content from movies to music will become more sophisticated, providing personalised entertainment experiences. Virtual and augmented reality might offer immersive and interactive environments. Ethics and governance: There will likely be advancements in AI ethics with frameworks and regulations, ensuring that AI is used responsibly addressing issues of bias, privacy, and transparency. Overall, AI will integrate deeply into daily life enhancing efficiency, convenience and quality of life, while also presenting new challenges and ethical considerations that society will need to address.[20:00] The episode finishes with Tom's overall reflections on having a conversation with ChatGPT-4o, finding it impressive, unsettling, but ultimately not yet a substitute for real human conversation. For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Richard Wells, a Partner in our Corporate and Commercial team, and Senior Solicitor, Hannah Snelling, discuss the legal basics of confidentiality agreements; talking listeners through various considerations that are needed when drafting or reviewing this fundamental type of commercial agreement.[00:27] Richard and Hannah begin the episode noting the importance of confidentiality agreements in commerce; how they preserve the confidentiality of information, define its scope, and set out the rules for its use and disclosure.[01:58] Hannah explains what she looks for when reviewing a confidentiality agreement, highlighting the importance of defining the parties accurately and the difference between a one-way and a two-way confidentiality agreement.[03:16] They then consider different approaches to defining confidential information, the risks associated with marking information as confidential, and the importance of defining the purpose of confidential information.  Richard notes how it can be equally as important to consider what hasn't been defined as confidential information as what has been; what lies inside versus outside the box so to speak.[05:56] Hannah discusses the main exclusions to the obligations attaching to confidential information, including information that is already in the public domain, information in the prior lawful possession or control of the recipient, and information received from a third party.[08:47] Richard and Hannah then examine the rules around the use and disclosure of confidential information once a recipient is in possession of it. Richard highlights the importance of the agreements defined “purpose” in the use of confidential information, noting an inherent tension as to the width of that definition between recipient and provider.[10:46] Hannah mentions certain security measures that a recipient should apply to the confidential information and they also discuss the importance of considering the term and duration of confidentiality agreements.[12:53] The episode is rounded out with Richard and Hannah considering some specific acknowledgements typically included in confidentiality agreements dealing with intellectual property rights, remedies for breach of the agreement and governing law.Information in this episode is accurate as at the date of recording, 23 May 2024.Please contact Richard Wells or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Tom Maasland, a Partner in MinterEllisonRuddWatts' Technology team, and Rosie Park, a Senior Solicitor from the same team, discuss and demystify the world of networking services by explaining some frequently used technical terms and concepts used in contracts for these services.[01:12] Tom begins the episode noting that he and Rosie will examine network services contracts through the lens of a lawyer who has no prior background in tech contracts; what technical terms and acronyms should they look out for in a network services contract, and what do they mean? [01:24] Rosie and Tom discuss Local Area Networks (LAN), their functions and common technologies like Ethernet and Wi-Fi and how they connect to the internet. Rosie explains what an IP address is and the role of Internet Service Providers (ISP). They also discuss various wireless access services including Wi-Fi, Bluetooth, and cellular data networks. [04:38] They then consider Wide Area Networks (WAN); what are they and how do they differ from LANs? Rosie explains what a managed WAN service would entail and how a Storage Area Network (SAN) can offer a business data storage. [06:57] Tom and Rosie consider Virtual Private Networks (VPN) and examine how they provide greater security when using public networks. [08:18] Rosie then outlines some additional measures that a business might use to secure its network connections, including protecting key devices like routers, switches and servers and maintaining both LAN and WAN firewalls.Information in this episode is accurate as at the date of recording, 6 May 2024.Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Libby Conole, a Senior Associate in MinterEllisonRuddWatts' Technology team, talks to Rosie Park a Senior Solicitor in the same team, about the challenges in transitioning to a new SaaS solution and how asking the right legal questions initially can make that process smoother for the customer.Following on from their earlier Tech Suite podcast; A deep dive into SaaS contracting from a customer perspective, Libby and Rosie explore a range of issues that should be considered by any organisation during the implementation phase of a new SaaS solution and offer some strategies to minimise the risks involved in this process.[01:56] Libby discusses the importance of context in any SaaS solution transition and outlines the types of documents that are typically used in documenting this early stage of the process.[04:41] Rosie poses the question to Libby: what can go wrong at this initial stage of the SaaS contracting process?  Libby points out it is usually either one of two issues: it either takes too long, or costs too much.[05:06] Libby then suggests some potential strategies that can be used to protect the project timeline and minimise the risk of any cost overrun occurring.[08:14] Rosie and Libby then consider what happens when the implementation is complete.  They discuss when the licence fee should be paid and what a customer can do to control and limit any customer dependencies or assumptions which may affect completion deliverables.Information in this episode is accurate as at the date of recording, 24 April 2024.Please contact Libby Conole or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

In this episode, Tom Maasland, a partner in MinterEllisonRuddWatts' Technology team, talks to two solicitors from his team, Thomas Anderson and Luke Han, about new and upcoming EU legislation around AI and digital services, and the potential impacts that it might have on New Zealand businesses.[00:30] Tom begins by outlining the four key pieces of EU legislation, noting in particular the long extra-territorial reach that they may have over New Zealand tech businesses[02:20] Thomas discusses the nature of the EU's Digital Services Act 2022 (DSA) and considers which New Zealand businesses may be caught under it and the potential implications are of breaching it.[05:32] Tom and Thomas then briefly touch on the Digital Markets Act 2022 (DMA) and how it differs from the DSA, noting its main aim of promoting fair and open markets within the digital sector by regulating key “gatekeepers” within the industry.[07:50] Tom and Luke then discuss the status of some of the EU's AI regulations, canvasing both the EU AI Act and the complimentary AI Liability Directive. They consider the potential extraterritorial reach of the EU AI Act, how it categorises AI products by degrees of risk and the significant fines and penalties that may be imposed if there is a breach.[10:26] They lastly talk about the proposed AI Liability Directive and how it will make it easier for consumers to bring claims for harm caused by AI products and services.Information in this episode is accurate as at the date of recording, 8 April 2024.Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts