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Send us your feedback In this episode, Technology Partner Tom Maasland and Senior Associate Jess Bremner, discuss the opportunities and challenges in New Zealand's fast-growing data centre infrastructure sector.[01:34] Tom and Jess consider why global investors are looking beyond traditional data centre markets and how New Zealand's abundant renewable energy, natural cooling, and land availability are making it a prime destination for sustainable, large-scale data centre developments.[03:16] Jess discusses the scale of power demands of modern data centres, comparing it to household energy use and highlighting why access to reliable, clean power is the biggest constraint on global growth. She outlines how New Zealand's energy mix offers a unique advantage in meeting these demands sustainably.[05:23] Tom discusses New Zealand's strong domestic and international latency and connectivity, highlighting the role of submarine cables like the Southern Cross, Hawaiki and proposed Southern Cross Next and Tasman Ring Cables. He and Jess then consider the need for increased fibre backhaul investment to unlock regional opportunities in areas like Otago and Southland.[07:17] They examine how New Zealand's robust data protection and sovereignty frameworks, under the Privacy Act 2020 and supported by its GDPR adequacy status, help build trust with global clients seeking secure hosting locations.[08:17] Tom and Jess consider the economic impacts of data centre growth, from foreign investment and hyperscaler activity to job creation, skills development, and uplift across sectors such as AI, gaming, medtech, and fintech, driven by improved local hosting capacity.[12:08] They go on to discuss what's needed for New Zealand to compete on the global stage while effectively managing the risks, including infrastructure upgrades, workforce strategies, streamlined regulation, incentives to attract hyperscalers, and a coordinated national approach to position New Zealand as a leader in sustainable digital infrastructure.[15:34] Lastly, Jess explores how proposed regulatory changes to the Resource Management Act 1991 and the Overseas Investment Act 2005 could influence the pace and appeal of future data centre development, with Tom highlighting how this aligns with the Government 'open for business' agenda for New Zealand. Information in this episode is accurate as at the date of recording, 1 August 2025. Please contact Tom Maasland, Jess Bremner 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.   Additional resourcesUnlocking the potential: New Zealand's data centre industryFor show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback In this episode of Judgment Junction, Litigation Partner Jane Standage and Senior Associate Olivia de Pont, discuss the Privy Council's recent decision in Jardine Strategic Holdings Ltd v Oasis Investments II Master Fund Ltd No 2 [2025] UKPC 34. This landmark ruling confirms that shareholders do not have the right to access a company's privileged legal advice. The discussion covers the historical context of the "shareholder rule," its criticisms, and the implications of this decision for company directors and shareholders, particularly in the context of increasing shareholder litigation and ESG-related actions.[00:14]: Jane and Olivia set the stage for discussing the Privy Council's decision in Jardine Strategic Holdings Ltd v Oasis Investments II Master Fund Ltd No 2 [2025] UKPC 34[00:53]: Olivia explains the historic "shareholder rule," which allowed shareholders to access their company's legal advice unless it related to hostile litigation against them. Olivia outlines the two essential ideas that the rule is based on:Shareholders indirectly paid for the company's legal advice.The analogy between the company-shareholder relationship and the trustee-beneficiary relationship.[01:47]: Olivia discusses the increasing criticism of the rule, noting the imperfect analogy with trusts since companies have their own legal personality.[02:02]: Jane and Olivia discuss the Privy Council's rejection of the "shareholder rule," aligning with the English High Court's stance in Aabar Holdings SARL v Glencore PLC [2024] EWHC 3046. Shareholders do not have the right to access a company's privileged legal advice.[02:47]: The discussion moves to the implications of this decision for company directors, especially in the context of increasing shareholder litigation. They highlight the growing trend of shareholders buying shares to bring actions against companies, particularly in the ESG space, as seen in the ClientEarth v Shell plc [2023]. [03:17]: Jane and Olivia discuss the rise of shareholder class actions, with examples from Australia, including proceedings against Mineral Resources, Medibank Private Limited, Fleet Partners, Blue Sky Alternative Investments, and FNZ.[04:17]: Jane and Olivia explain that the Privy Council's decision will help protect the sanctity of privilege in companies' legal advice, providing a tool for directors to fend off demands for access to privileged material. They note the potential impact on New Zealand courts in the coming years. Information in this episode is accurate as at the date of recording Wednesday, 6 August 2025.Please contact Jane Standage or Olivia de Pont or our 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, Privacy experts Richard Wells and Suzy McMillan discuss the Privacy Amendment Bill, with a focus on the proposed introduction of Information Privacy Principle (IPP) 3A.[01:12] Suzy explains the background and rationale for the introduction of IPP 3A, which is intended to increase data transparency in relation to the indirect collection of personal information and reduce a gap in New Zealand's privacy laws under the Privacy Act 2020.[04:47] Richard highlights how the reform has also been driven by the need to preserve New Zealand's ‘adequacy' status under the EU's General Data Protection Regulation (GDPR).[06:40] They explore how IPP 3A will operate, mirroring the IPP 3 disclosure requirements in many respects, but introducing additional obligations and specific exceptions that organisations must understand when handling indirectly collected personal data.[08:40] Suzy and Richard review the draft guidance on IPP 3A recently issued by the Office of the Privacy Commissioner (OPC), which emphasises the need for detailed and specific notifications. Agencies will need to clearly state the type of information collected, its purpose, and name the particular recipients, rather than relying on more generic use cases and terminology, or classes of agencies.[12:50] Suzy explains the key exceptions that apply in the application of IPP 3A, when they might reasonably be relied on and how these have been interpreted in the OPC's draft guidance.[17:45] Richard and Suzy conclude the episode by outlining some key steps organisations should focus on to ensure compliance with IPP 3A when it comes into force on 1 May 2026, including updating data registries, identifying direct and indirect data collection sources, and engaging in a collaborative process with collecting agencies in relation to updating contractual terms and privacy policies.Information in this episode is accurate as at the date of recording, 26 July 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 In this episode, Jane Parker and Hannah Jaques, share practical legal insights on how to effectively navigate tech project disputes.[00:30] Jane and Hannah begin by outlining the initial steps parties should take when signs of tech project trouble begin to appear, such as cost overruns, technical failures, or deviations from the contract.[01:48] Jane highlights the importance of reassessing operational objectives from a commercial perspective once a dispute arises, and how this reassessment can shape the approach to resolution.[04:07] Hannah emphasises, that from a litigation perspective, finding “solid ground” is crucial. This begins by understanding what was contractually agreed (including any contractual variations) to frame the legal context of the issues.[05:08] Jane and Hannah discuss best practices for managing internal and external communications during a dispute to safeguard a party's legal position and support a favourable outcome, highlighting the roles of discovery and legal privilege in this process.[11:20] Hannah and Jane assess the strategic and legal risks associated with some practical resolution approaches, including withholding or demanding payment, de-scoping or re-scoping timelines and deliverables, and engaging in “without prejudice” discussions.[15:21] They discuss the legal intricacies of termination rights and the risks of getting it wrong, especially when alleging material breach. They stress that obtaining legal advice is the key to avoid inadvertently triggering your own liability.[16:00] Finally, they examine the role of formal dispute resolution mechanisms in tech disputes, considering how factors like confidentiality, timing, and enforceability should inform strategic decision-making.Information in this episode is accurate as at the date of recording, Wednesday, 3 July 2025.Please contact Jane Parker, Hannah Jaques or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode. For show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback In this episode Corporate Partner Tayla Johnston is joined by Beini Guo, a Director in the Corporate Finance team at  PwC. Beini, a Chartered Financial Analyst with more than a decade of M&A experience, shares insights into the various services provided by PwC's Corporate Finance team, the lifecycle of a typical deal, and the impact of global events on valuation. Tayla and Beini also discuss common deal issues, M&A trends and how PwC is utilsing AI. [01:04] Beini provides an overview of the different teams within PwC's deals umbrella, including M&A advisory, valuation and modelling teams, and specialised infrastructure advisory.[01:53] Tayla and Beni discuss on how both PwC and MinterEllisonRuddWatts collaborate across different teams to provide comprehensive services to clients.[02:50] Beini explains the services offered by the M&A advisory and valuation teams, including sell-side and buy-side advisory and capital raising.[04:55] Beini and Tayla discuss how geopolitical tensions and other global events affect valuations and modelling.[06:00] Beini discusses the lifecycle of a deal from the corporate finance perspective, focusing on the sell-side process.[07:35] Beini explains how the process changes depending on whether it's a partial or full sale of a business.[08:20] Tayla asks Beini to discuss the key points of client interaction throughout the deal process. The pair discuss the importance of preparation.[09:26] Beini  and Tayla discuss how the approach to the deal can change depending on the type of client (for example; private equity vs. family-owned business) and the size of the deal.[12:09] Tayla asks about the differences in preparation and approach between competitive bid processes and bilateral negotiations.[13:36] Beini explains how PwC collaborates with other advisors, including legal, tax, and commercial advisors, to ensure a smooth process.[14:45] The conversation moves towards common deal issues such as value mismatch, warranties and indemnities, and key person risks.[18:50] Beini highlights the impact of regulatory bodies like the Overseas Investment Office and  New Zealand's Commerce Commission on deal-making and the importance of early legal consultation.[20:41] Beini shares how PwC is incorporating AI into its processes to enhance efficiency and maintain data security.[22:41] Beini provides insights into the first quarter of 2025, noting an increase in trade deals and continuedinterest in sectors like IT and financial services.Information in this episode is accurate as at the date of recording Monday, 12 May 2025.Please contact Tayla Johnston, or our For show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback In this episode, Technology partners, Kate Cruickshank and Tom Maasland, share their reflections on the AI Impact Series, drawing from their conversations with leaders and innovators across six major New Zealand sectors. They highlight some of the impressive real-world applications of AI in these industries, consider common challenges and emerging solutions, and explore what's needed to unlock AI's full potential for New Zealand.[00:52] Kate and Tom reflect on the practical and creative adoption of AI across New Zealand's key sectors, highlighting standout innovations shared by interviewees, from AI tools enhancing personalised teaching practices and levelling the playing field in game development, to boosting farm productivity and streamlining healthcare workflows.[05:02] Kate observes that AI is no longer just a buzzword in these sectors; it is becoming deeply embedded in everyday industry practices, with many solutions tailored specifically to the New Zealand context.[05:32] Tom and Kate discuss the unique and shared challenges faced by industries in New Zealand in adopting AI, including resistance to change and integration with legacy systems in public sectors like health and education and offer practical legal and strategic approaches to overcome them.[06:49] Tom discusses the continuing industry concern on data quality, governance and ethics (including Māori data sovereignty), emphasising the importance of strong internal and external compliance and privacy and transparency frameworks to overcome these barriers. [07:47] Kate considers the human challenges of AI adoption, particularly resistance to change due to the fear of the unknown and job displacement. She underscores the importance of strong leadership, clear policies and ongoing training to build trust and understanding. Despite these concerns, she notes a sense of optimism in the series interviews that AI will enhance, rather than replace, human roles.[09:21] Tom considers the common challenge of connectivity and infrastructure inequities in rural areas, calling for infrastructure investment and consideration of local cloud hosting to ensure AI accessibility for all regions and communities.[10:28] They discuss the need for clear regulatory guidance and cross-sector collaboration to build AI capability and resilience in New Zealand, referencing the upcoming national AI Strategy and the role of organisations like the AI Forum of NZ.Information in this episode is accurate as at the date of recording, 5 June 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 Data Room's Dealmaker Series, Partner Neil Millar speaks with Simon Kriechbaum from Five V Capital, a private equity fund that recently expanded into New Zealand. The conversation explores how private equity works, what makes it a compelling option for business owners considering an exit, and how Five V Capital approaches partnerships, growth strategies, and long-term value creation. Simon shares insights into the private equity process, common misconceptions, and how business owners can prepare for a successful transaction.[01:04] Simon explains Five V Capital's origins, its $3 billion under management, and its four investment strategies, including private equity and permanent capital.[01:58] Simon defines private equity as a partnership-based investment model focused on growth and eventual exit, typically over a 3–5 year horizon.[02:53] Neil and Simon discuss how private equity allows founders to de-risk by selling part of their business while staying involved in the next growth phase.[04:18] Simon outlines the strategic, operational, and structural support Five V provides, including capital structuring, systems upgrades, and market insights.[07:01] Neil and Simon discuss how founders often make more on their second exit and how private equity differs from trade buyers in approach and flexibility.[08:51] Simon explains how Five V tailors deals to accommodate different shareholder needs, including generational transitions and staged buy outs.[11:00] Simon walks through the stages of a typical deal: relationship building, structuring, due diligence, value creation planning, documentation, and execution.[13:47] Neil and Simon highlight the importance of shareholder agreements in defining the partnership and governance structure post-deal.[14:37] Simon describes Five V's hands-on approach, including board participation and early engagement with potential future buyers when preparing to exit.[16:02] Neil and Simon offer guidance for business owners: build a strong management team, document a growth plan, maintain clean financials and legal contracts, and prepare for due diligence.[18:26] Simon shares the key attributes Five V seeks in a business: growth potential, market tailwinds, strong margins, low capital intensity, and a compelling value proposition.[19:49] Case study: Simon discusses Five V's investment in Orbit Remit, a cross-border payments platform, and how it exemplifies systemic market change and growth opportunity.[20:16] Simon addresses myths and misconceptions about PE including cutting costs, over-leveraging, and replacing management. [22:35] Simon emphasises that private equity is about working together toward shared goals, not opposing sides, and that alignment is key to success.Information in this episode is accurate as at the date of recording Thursday, 15 May 2025Please contact Neil Millar or our Corporate M&A 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 dataroom@minterellison.co.nz and sign up to receive updated via your inbox here.For show notes and additional resources visit minterellison.co.nz/podcasts

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Send us your feedback In this episode, Technology Partner Tom Maasland speaks with Craig Pattison, Business Strategist and COO at Capability Collective and a leading agritech advocate and advisor, about how AI is transforming the agricultural sector and driving innovation, productivity and sustainability on farms across New Zealand.[01:34] Tom and Craig discuss how AI is actively being deployed across dairy, livestock, meat processing and horticulture operations in New Zealand. From Fonterra's herd monitoring systems to quality control of kiwifruit at Zespri, AI is driving smarter farm management, boosting productivity, and delivering positive outcomes for farmers, livestock, and the communities they support.[03:47] Craig highlights Halter's smart collars, which automate herd movements and optimise grazing patterns for cows, as a standout AI innovation in this sector, noting how this AI supported innovation supports better pasture management and opens new revenue streams for farmers.[05:14] Craig talks about various AI applications in crop production, focusing on Cropsy Technologies' AI enabled crop vision system and Rockit Apples' full supply chain tracking system. These tools help meet high-value export demands and strengthen food traceability and provenance.[07:18] Tom and Craig then explore key challenges in adopting AI within the agricultural sector, beginning with issues of data transparency and ethical concerns surrounding data ownership and usage, particularly in relation to Māori land. Craig highlights promising initiatives such as Trust Alliance NZ's digital farm wallet project, ISO/TC 347's international data standards for agri-food systems, and Te Hiku Media's Māori-led data platforms, which offer potential solutions to data transparency and ethical challenges.[10:27] They address the challenge of connectivity and cost in rural areas which can hinder the adoption of AI-based technologies on farm. Craig highlights promising solutions, including the Rural Connectivity Group's partnership, which is working to establish a tower network enabling more extensive 4G coverage, Starlink satellite internet, and AgriTech NZ's 'AI on the Edge' initiatives, which support local data processing without the need for high-speed internet. Craig stresses the vital role of connectivity not just for efficient farm operations, but also for farmer safety.[12:30] Craig notes regulatory complexity as another key challenge for the adoption of AI in agriculture, stressing the need for long-term investment certainty. He points to the AIMS framework (which supports the international standard for AI management, ISO/IEC 42001:2023) as a practical tool for ethical and compliant AI use, emphasising that regulation can serve as a roadmap, rather than a roadblock, for innovation.[14:34] Tom asks about future priorities, prompting Craig to explain the importance of regulatory clarity, AI literacy, and national coordination. He emphasises the need for farmers to adopt AI strategically and for the sector to shift from volume to value production. They wrap up with a call to create a learning culture through existing farming networks.Information in this episode is accurate as at the date of recording, 6 May 2025. Please contact KFor show notes and additional resources visit minterellison.co.nz/podcasts

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 For show notes and additional resources visit minterellison.co.nz/podcasts

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

Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts

Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts

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