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

“Minter Ellison Rudd Watts demonstrates excellent knowledge, expertise and innovation in banking and finance,” says one client.

The firm contains “an experienced team of partners and solicitors who demonstrate strong technical expertise by providing concise, reliable, direct and commercial advice”, one client comments. Among the partners, Kate Lane is “an outstanding and accomplished legal adviser, whose high quality work inspires confidence in her legal advice”.

The past year saw the team advising the treasury guarantee of South Canterbury Finance (SCF) and its payout. This NZ$1.8 billion transaction was significant because it involved the Crown changing the basis on which it had previously provided support to investors under the deposit guarantee scheme.

“Minter Ellison Rudd Watts has high calibre lawyers that deliver a client-focused service,” says one client.

Over the last year, the Minters team advised Agria and New Hope in the partial takeover for 51% of one of New Zealand’s largest agricultural services companies PGG Wrightson. This US$117 million transaction needed to be structured in such a way that allowed Overseas Investment Office approval in New Zealand, as well as being able to obtain Chinese regulatory approval within the statutory timeframes required for undertaking a takeover under New Zealand’s Takeovers Code.

This globally-connected law firm “is bright and easy to deal with and on a par with other law firms in its overall delivery”, says a client.

The team also advised Canadian Helicopters to acquire the assets and business of Helicopters (NZ), including its subsidiaries in Australia, Laos and Cambodia, in a deal worth US$132.8 million.

The Minter Ellison dispute resolution team has continued to go from strength to strength in recent years. With major banks and asset management companies as clients, the firm has enjoyed yet another busy year.

The firm advised Korda Mentha in successful High Court proceedings over the last year. The proceedings were brought by Korda Mentha in its role as receivers, appointed by Westpac, to Crafar Farms in a security dispute involving approximately six thousand dairy cows.

The firm also acted for Allied Farmers and Allied Farmers Investments in the defence of a claim by Hanover Finance and OHL for US$4.15 million. This litigation is of public interest as it involves disputes to the status and value of the former Hanover Finance assets.

“Minter Ellison Rudd Watts is more than capable of innovative and conservative advice,” says one client. The firm has enjoyed another strong year and welcomed the addition of partner Sarah Sinclair, who was previously in-house counsel at Genesis Energy.

The firm advised Genesis Energy on electricity industry reforms, including asset transfers. This was significant because the New Zealand Government mandated reforms to improve the security of supply in the electricity market. This included the transfer of significant hydrogenation assets with associated water and management arrangements.

Other transactions included advising on significant pricing projects in the electricity sector – such as for the Electricity Authority, in transmission pricing, and for Wellington Electricity, for distribution pricing. The firm also acted for Pike River Coal at the time of the explosion at its mine, and continued to represent the company in conjunction with its receivers and their advisers.

Minter Ellison Rudd Watts’ dedicated IP practice covers all IP matters. Led by IP specialist Christopher Young, the team includes specialist  Richard Wells and John McCay.

Last year’s highlight saw the firm represent SCA Hygiene and Aktieloget SCA Finans, the owner of the PUREX brand, against PT Purinusa Ekapersada and Cottonsoft to prevent adoption of the Paseo Pure brand. This complex case required an application for an injunction to prevent release of the confusingly similar brand Paseo Pure by a competitor.

Minter Ellison Rudd Watts’ outstanding experience in the technology, media and telecommunications sectors has been gained locally and internationally. This has insured that the team competes in these areas with the other powerhouse practices in the country. Partner John McCay is a specialist in cross border financing, and handles financing and production matters for the New Zealand Film Commission.

The firm assisted 2degrees Mobile during the NZ Commerce Commission’s reconsideration investigation into whether to regulate mobile termination access services. In a worldwide global transaction, the firm provided legal support to Pacific Fibre, which is developing a submarine cable system linking Australia, New Zealand and the US.

With a substantial international client base that generates plenty of referrals through the Minter Ellison Legal Group, the Minter Ellison Rudd Watts team is often instructed by multinational corporates to assist in the establishment of businesses in New Zealand.

The major instruction for the firm over the last 12 months was its key role in helping to secure the making of the film ‘The Hobbit’ in New Zealand. As part of a small group of advisers that drafted changes to the Employment Relations Act 2000, the firm helped clarify that certain film industry participants are independent contractors and not employees. The Bill passed successfully under urgency in October 2010, which was essential as Warner Bros had advised that the film would not be made in New Zealand without this legislation being passed.

Another highlight for the firm was advising a large corporate in respect of the exit of a CEO in one of its subsidiaries. The matter involved complex shareholding, pension fund and commercial issues for one of the most highly paid executives in the country.

The Minter Ellison Rudd Watts taxation team is run from both Auckland and Wellington and is led by tax partners Andrew Ryan and John Peterson. Although the team suffered the loss of partner David Patterson in the last year, it continues to work closely with Minter Ellison in Australia and enjoyed another strong year.

For example, the firm advised Village Roadshow Melbourne on the tax complexities in selling the tourism assets of Sydney Attractions Group and Kelly Tarlton’s Underwater World to Merlin Entertainments Group.