Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

“Buddle Findlay’s strength is its efficient project management skills, its ability to take over a banking process, and manage the client and its lawyers”, says one client. The team houses “very good knowledge, and its expertise is applied as effectively as possible”.

Over the past year, the team advised Bank of India on becoming a registered bank in New Zealand. Registered bank status is difficult to achieve in New Zealand with the Reserve Bank of New Zealand imposing high thresholds for compliance. Bank of India is the only bank to have been registered in New Zealand over the last 12 months and joins only 19 other registered banks.

Other notable transactions included advising REDgroup on the US$43.2 million refinancing of the company’s senior debt and the redemption of its New Zealand Exchange listed notes on maturity.

“I like Buddle Findlay because of its technical expertise”, says one client. “The firm is definitely in the top five law firms in New Zealand.”

The Buddle team advised Olam International, a global supply chain manager and processor of agricultural products and food ingredients, on its successful takeover of NZ Farming Systems Uruguay (NZFSU). The takeover brings Olam’s total investment in NZFSU to US$100 million and the deal represents the only successful public takeover on the NZX in recent years.

Another notable highlight was advising Japanese food group Imanaka on the purchase of food ingredients manufacturer Cedenco Foods, which was in receivership and liquidation. The transaction involved dealing with very short timeframes in a competitive process, with the usual complications involved in acquiring receivership assets.

Buddle Findlay is the only full service law firm containing specialist real estate and construction teams in Auckland, Wellington and Christchurch. The firm underwent changes at the partner level this year, with the departing Michael Tinkler becoming a general counsel at a major client of the firm. Meanwhile, Daniel Kelleher joined the firm from Simpson Grierson.

The firm advised Infatil Infrastructure Property and Auckland Council on the redevelopment and intensification of West Auckland. This US$300 million project includes a retail high rise, retail precinct, and integrated transport infrastructure.

Buddle Findlay’s litigation and dispute resolution team has substantial experience in resolving complex and significant commercial disputes. It includes some of the country’s preeminent commercial litigators.

Head of department Graeme Hall has broad experience in commercial litigation including court action. Commercial litigation specialist Laura O’Gorman is “always ready to battle” and “definitely a tough opponent”, says a competitor.

The firm acted for the Electricity Authority in two sets of proceedings, an appeal and a judicial review. This involved the Electricity Commission’s decision to grant an exemption to the reconciliation manager concerning revisions to invoices for electricity on the grounds of error.

Other representation includes work for Trustees Executors, on a priority dispute over shares held by various Alan Hubbard-related entities including South Canterbury Finance.

Buddle Findlay has particular knowledge of the regulatory regimes governing energy and natural resources in New Zealand. The team, specialists in advising on industry-specific legislation, is considered “innovative, with a genuine understanding of business objectives”, says a client.

The firm advised Contact Energy on three successful infrastructure consent processes with a total value of US$2.08 billion: Tauhara 2 geothermal, Hauauru Ma Raki windfarm and Waitahora windfarm. This is the first time an energy company has run three major infrastructure proposals through a consenting process concurrently.

The firm also advised CO2 Group, one of Australia’s largest carbon forestry investment companies, on the formation of CO2 New Zealand Limited Partnership. CO2 New Zealand will generate emissions units from forestry investments.

Buddle Findlay’s intellectual property team advises a wide range of public and private sector clients on all IP related issues. The firm is extremely experienced on patent and brand protection matters for foreign and domestic companies.

The firm acted for Sky Network Television in a successful proceeding before the Domain Name Commissioner in New Zealand to obtain the transfer of a domain name from a cyber squatter. Meanwhile, on a multi-jurisdictional case, the team represented Active Manuka Honey Association in a brand protection review and related strategies.

“Buddle Findlay’s solutions have been pragmatic but well balanced with regards to the associated risks,” says one client. Partner Sherridan Cook’s “high credibility has given clients a level of confidence in his knowledge and capability as a legal professional”, says another client. The firm’s team advised on employment-related issues involved in the incorporation of Tairawhiti Polytechnic into the Eastern Institute of Technology. This was the first merger in New Zealand between two polytechnics. The merger involved the combination of a number of collective and individual employment agreements.

Buddle Findlay’s tax practice, led by partner Neil Russ, had a busy year building on its previous stellar performance despite a tight market. This energetic and motivated team continues to reap the rewards of years of experience and expertise on international tax, government entity taxation and tax controversy work.

The firm’s team advised on several high profile transactions, notably on the offshore bond issuances under Kiwibank’s Euro-commercial paper programme and updates of the Australian bond programme. Other notable tax instructions included advising HRL Morrison & Co, the manager of the Public Infrastructure Partnership Fund, on various aspects of the establishment and operation of the fund.