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

“Excellent, thorough and ahead of other firms in analysing the impact of new banking and finance legislation,” says one client of Kensington Swan’s banking practice. The team acted as legal adviser to trustee Perpetual Trust on the establishment of the NZ Funds KiwiSaver Scheme. The Scheme was established in a market that is highly competitive and widely expected to undergo significant product and provider consolidation, and at a time when very few new products were being developed or being brought to market.

“I rate the firm’s M&A technical ability highly”, says one client of Kensignton Swan. “It has good commercial knowledge and is the best legal firm I have worked with in my business career.”

The Kensington Swan team advised Oyster Bay Marlborough Vineyards on all legal aspects of its takeover Delegat’s Wine Estate, including compliance with the Takeovers Code.

“We recommend Kensington Swan’s construction legal expertise,” says one client. Acting for large international construction companies as well as small and medium-sized contractors, “the team provides an excellent and efficient service”, says a client.

Auckland-based partner Paul Buetow is “a standout construction lawyer”, while Wellington-based partner Andrew Skelton is “a construction dispute expert”, says a competitor.

The firm advised Mainzeal Property & Construction in a High Court proceeding against a structural engineer for breach of contract and negligence in the construction of the Vector Arena.

Kensington Swan also acted for Whangarei District Council on a major dispute with a port company involving a lease between them. The dispute was referred to arbitration under the lease, and this very high profile matter generated a huge amount of media interest.

“Kensington Swan has a solid team of litigators,” says one rival law firm partner. Auckland-based partner John Land specialises in competition and commercial litigation. Other notable practitioners include Andrew Skelton, “a deeply experienced commercial litigator”, and Daniel Hughes, who focuses on insolvency and the enforcement of securities.

The Kensington Swan team advised Escorial Company, Saxmere and a group of other fine wool growers in a proceeding against the Wool Board Disestablishment Company involving marketing decisions made by the Wool Board.

Kensington Swan continues to be one of this country’s leading sustainable energy firms, and houses a wide range of experience and capabilities. One client rates the practice “10 out of 10”, and says: “I highly recommend its legal expertise”.

The team provided legal advice to Downer EDi Engineering on negotiations relating to an agreement for the provision of building and engineering maintenance services to Chorus, a division of Telecom New Zealand. The firm also advised New Zealand Traffic Authority on resource management and property issues associated with the Wellington Urban Road of National Significance.

Kensington Swan’s intellectual property team advises a broad range of international and local clients on the protection and enforcement of their intellectual property assets. Partner Sheana Wheeldon is “one of New Zealand’s leading IP lawyers”, says one competitor.

The firm acted for Cottonsoft and its Indonesian parent against SCA Hygiene Australasia and its Swedish parent, PUREX, in defending a trade mark infringement case. The claim brought by the SCA parties alleged trade mark infringement, passing off, and breach of the Fair Trading Act.

“I must say that Kensington Swan is certainly the most enjoyable firm I have worked with,” says one satisfied client. Partners Clayton Kimpton and Anthony Drake are praised by clients for “their strong knowledge” of employment issues.

Special mention was given by a client to senior associate Michael O’Brien for “his first class advice and assistance in a timely manner for all situations”.

The firm’s team advised McConnell Dowell Constructors, one of New Zealand’s premier infrastructure companies, on investigations into the Pike River Coal Mine disaster run by the police department of the Labour and Royal Commission.

The team also acted for the Auckland District Health Board (ADHB) in litigation with the Public Service Association (PSA) regarding the Auckland Region Mental Health and Public Health Nursing Collective Employment Agreement.