Consumer Markets

Wynn Williams supports clients to make an indelible mark on the global marketplace as they enter new markets, scale wholesale, distribution and service networks, or go about building and protecting their brands. We represent much-loved household names, global brands, manufacturers, franchisors, online businesses, consumer services and retail networks. We are respected for our intuitive understanding of the nuances of consumer markets. The team draws on expertise from across the breadth of practice areas within the firm to support our clients on a day-to-day basis in their business operations. This helps in delivering milestone projects and realising long term strategic business goals, sometimes necessitating capital raising or acquiring competitors. We also work closely with in-house legal teams to deliver a seamless product or form part of a project team.

When it comes to avoiding or resolving disputes, our strong advocacy skills and intricate understanding of consumer laws (Fair Trading Act, Consumer Guarantees Act & Privacy Act), as well as intellectual property, trademarks and brands, delivers optimum outcomes for our clients. When getting marketing campaigns across the line without undermining market position or stifling creative genius, we're appreciated for our creative flare and collaborative approach to considering advertising standards and codes.

How we can help

We put all of our consumer market expertise towards supporting our clients and their businesses in a multitude of ways:

  • Market entry and overseas investment - corporate structuring, overseas investment regulatory compliance, compliance and adapting global contracts and business processes for the New Zealand market
  • Advertising and marketing compliance - reviewing advertisements and promotions, social campaigns, influencer marketing, making or responding to Advertising Standards Authority and Commerce Commission complaints
  • Supply chain and services - commercial agreements, supplier and customer terms, contract management, privacy and data protection
  • Franchising and licensing - including preparing and reviewing local and cross border agreements, modernising existing suites of documents, managing document production and retail leasing portfolios
  • Competition and consumer laws, including advice on the Fair Trading Act, Consumer Guarantees Act, Privacy Act and Privacy Principles - drafting policies, responding to Commerce Commission requests and investigations, reviewing digital content, packaging and labelling
  • Governance, director's duties and liabilities - to drive best practice in corporate governance and regulatory compliance
  • Intellectual property - brand and reputation protection, rebranding, enforcement of rights and trademarks registration
  • Litigation and disputes - confidential information and intellectual property, product liability, interference with IT systems and data, restraints of trade and other commercial disputes such as shareholder and franchise disputes

- Leading a series of acquisitions for an ASX listed company whereby independent agencies either sold their shares to the client or entered into network agreements that contained future share purchase options. These transactions included a range of merger and acquisition activities, including due diligence, put and call options, earn outs, and the issue of ASX listed shares in part consideration of the purchase price.

- Advising a medical services business on expansion to New Zealand, including corporate structure, brand protection, supply chain, retail leasing, advertising and competition and consumer law (including Medicines Act, Fair Trading Act and Advertising Standards Authority codes).

- Assisting a New Zealand legal provider to various global franchise brands operating in New Zealand and advising client inhouse counsel and executive teams in connection with regulatory compliance, privacy and data protection, leasing portfolios, contract production and management, breaches of franchise and service agreements, disputes, enforcement action and brand protection.

- Delivering an interim outsourced solution to an NSX/ASX listed company for the review and negotiation of procurement agreements.

- Advising global quick-service restaurant brand with exploiting alternate channels to distribute products, including travel retail, inflight meals, grocery and delivery.

- Advising listed global retail and service chain with over 400 outlets across AU/NZ in connection with New Zealand retail leasing portfolio, regulatory and franchise advice.

- Assisting a global cosmetic and appearance medicine system to launch in New Zealand by leading the transactions for the acquisition of several clinics, preparing the suite of franchise documentation and advising on regulatory compliance to therapeutic advertising laws.

- Advising on a range of transport and logistics contracts, including in relation to international freight forwarding agreements and 4PL suppliers.

- Advising a meat processing plant in connection with supply chain contracts, reviewing insurance liability, managing risk, exploiting new supply and distribution opportunities, consumer law and Fair Trading Act, food safety, marketing and advertising.

- Advising a multinational digital platform on compliance to New Zealand marketing and consumer laws, including reviewing promotional collateral and pricing claims.

- Preparing terms and conditions, software-as-a-service agreements and leasing agreements for a tech start-up.

- Assisting a multinational hotel chain in updating and strengthening its commercial accommodation agreements and running workshops with the national finance team on contracting fundamentals and mitigating risk within their business.

- Advising a New Zealand natural supplement provider on the application of New Zealand regulations to the launch of a new product to New Zealand, including consideration of medical regulations, therapeutic advertising laws, privacy laws and other consumer laws.

- Supporting a client's newly established offshore sourcing office through leading the legal negotiations with South-East Asian manufacturers for the direct sourcing of goods to New Zealand and Australian businesses.

- Preparing international licencing and distribution agreements for the expansion of a leading New Zealand food supply brand into offshore markets.

Key Contacts

Katrina Hammon
Partner
Jenna Adamson
Partner