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COMMERCIAL
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We are in the business of providing robust, commercial, and pragmatic legal advice to our clients so you can stay focussed on your business and clients.

Your focus is on your business and clients. Ours is on enabling you to do so through the efficient delivery of robust, pragmatic, and commercial legal advice.

In today’s fast-changing commercial landscape, the role of professional advisors is to deliver robust yet commercially pragmatic advice. Your focus is on seeing your business succeed. So is ours. 

The issues which concern you are varied and complex. Whether it is meeting your obligations to stakeholders, generating revenue, continuity of supply, delivering on your promise to customers, or ensuring your business partners deliver on their promise to you, your primary objective is a successful and sustainable business.

We advise companies, incorporated societies, not for profit organisations, local and central government on the full range of commercial issues and contracts. We listen. We use our deep understanding of businesses and industries to tailor our advice to meet your needs. We recognise the importance of your relationships with suppliers, customers and stakeholders and pride ourselves on delivering the style of contract which values and reinforces your relationships. 

DISTRIBUTION AND SUPPLY

We are experts in drafting, negotiating and advising on distribution, supply and customer contracts and terms of trade. We are experienced in formulating the best strategy to unwind existing distribution and licensing arrangements which often requires an understanding of intellectual property implications. Our team also has the expertise to support the delivery of your business needs through commercial and online channels. 

PROCUREMENT AND OUTSOURCING

Typically, procurement and outsourcing contracts are long term progressions with significant investment and commitment. Key to managing risks for both parties and avoiding a relationship breakdown is having upfront certainty of services, pricing and KPI’s. Our depth of experience in these major contracts, including acting for government and for companies contracting with government, will prove invaluable.

LEGISLATIVE COMPLIANCE (INCLUDING CONSUMER LAW AND FAIR TRADING)

Failure to comply with your consumer law obligations can have significant consequences for your business. You could face prosecution, fines, damage to your reputation, loss of profits and wasted staff time. We can assist you to comply with the Fair Trading Act 1986 and other consumer legislation. We can also review your marketing collateral for compliance with both the Fair Trading Act and Advertising Standards Codes, as well as to consider if there are any intellectual property implications. 

PRIVACY

With the increased collection and use of consumer information by most businesses, there is a growing recognition of the importance and complexity of your obligations under the Privacy Act. We have particular expertise with crisis management strategies and pragmatic advice for businesses caught out by privacy breaches.  

BRAND PROMOTION AND SPONSORSHIPS

The value of your brand can be unlocked and enhanced through appropriate brand promotion and sponsorship either online or at key events. We are experts at drafting and negotiating sponsorship and influencer agreements, including for online promotion of your brand, and we link in with our Intellectual Property experts to ensure your brands are appropriately protected in such arrangements. We can also advise on your obligations with regard to sponsored posts on social media.

JOINT VENTURES AND STRATEGIC ALLIANCES

Research shows that 50/50 joint ventures are more sustainable compared to majority/minority arrangements. Mismatched interests require added safety valves such as put and call options (in preference to a Russian roulette) to avoid significant loss of value when there is a falling out.  Our experience with all varieties of joint arrangements will ensure a strong and successful venture or strategic alliance whatever your stakeholding.

FRANCHISING

Our franchise law team is experienced in the design and set-up of new franchises. We can help you develop a greenfield franchising concept or convert existing distribution and sale networks into a franchise format. We also advise on altering overseas franchise arrangements to comply with New Zealand law. Kensington Swan is a member of the Franchise Association of New Zealand and advises on compliance with its Codes of Practice and Ethics.

ENGAGING WITH MĀORI

We have a compelling Māori business proposition combining the depth and specialist skills of a national law firm with a team of passionate and highly regarded lawyers; knowledgeable of Māori culture and fluent in te reo. The team provides legal and strategic advice on the full range of Māori related commercial issues. Importantly, we advise businesses on how to engage with Māori groups, including whanau, hapu and iwi. We also advise Māori collectives on commercial development, including post-settlement group structuring, development projects on Māori land, joint ventures and partnerships, and how to develop settlement assets to suit the cultural and commercial aspirations of Māori. 

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