NZ Lawyer issue 7.03 by Key Media

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Issue 7.3

BILLION-DOLLAR FUNDING GAP Vanessa Oakley on the reshaping of Chorus to address the shortfall

NEW ZEALAND LAW AWARDS 2015 Meet the finalists

FILING ACROSS THE TASMAN NZ IP lawyers compete head-to-head with Aussie counterparts

STRIKE WHILE THE IRON’S HOT Impact of booming Auckland property market on city’s lawyers

ISSUE 7.3

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CONTENTS

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UPFRONT 04 Industry trends

FEATURES

ON SHAKY GROUND

The earthquake rebuild isn’t the only driver of work for Christchurch’s lawyers

Chorus general counsel Vanessa Oakley talks to NZLawyer about leading an in-house team when faced with a potential billion-dollar funding gap

PEOPLE

FROM THE PLAINS OF AFRICA

06 News analysis

Strike while the iron’s hot

08 Appointments 10 Deals round-up

STRATEGY 52 Four ways to improve your influence

When used ethically, influence can be an essential business tool

COVER STORY

WEATHERING THE STORM

New Zealand’s legal profession at a glance

FEATURES

FILING ACROSS THE TASMAN

New Zealand firms are competing head-to-head with their Aussie counterparts when it comes to IP filing across the ditch, and vice versa

Malcolm Hurley’s legal career has taken him from Africa to the helm of New Zealand’s fastest-growing law firm

FEATURES

PEOPLE 46 London calling

Following the resurgence of Kiwi lawyers heading back to the motherland, NZLawyer talks to two young lawyers making their mark in London

50 Top-tier Kiwi solicitor goes green and gold Russell McVeagh solicitor Sam McLernon is playing in this year’s Rugby World Cup – the law version that is

NEW ZEALAND LAW AWARDS FINALISTS We meet the finalists in this year’s New Zealand Law Awards

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UPFRONT

EDITORIAL

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Rock star or jazz musician? Hannah Norton

t’s a tale of two cities. At one end of the spectrum – or map – is Auckland, with its heated property market and no apparent end to that in sight. This renders the fruit ripe for the picking for legal folk, with the everbuoyant market translating to increased work – and profits – for the city’s law firms (page 6). Then 765km and one Cook Strait crossing away is Christchurch, where the post-earthquake rebuild is still continuing but remains somewhat subject to the whims of the economy.

We weathered China’s capital markets meltdown, ‘Black Monday’, better than many Chapman Tripp partner Hamish Foote sums it up quite nicely on page 18: “If you’re not worried about Auckland house prices, the dairy pay-out is probably front of line for many people.” It’s a good reminder of how the economy and the legal industry are so intrinsically linked (if the GFC wasn’t enough of one). As the UK economy also improves, junior to intermediate-level New Zealand lawyers are again participating in what was once a Kiwi rite of passage – the London OE (page 46). So, what is the long-term forecast for New Zealand’s overall economy – and thus, to an extent, the legal industry? If we all knew that, it’s likely that fewer of us would be working the 8–6 slog. But we weathered China’s capital markets meltdown, ‘Black Monday’, better than many. For now, for firms and lawyers alike, the future looks reasonably stable. Not quite rock star – as New Zealand’s economy was first dubbed by HSBC’s chief Australian economist, Paul Bloxham, in 2014 – but possibly jazz musician.

Hannah Norton, editor

SEPTEMBER 2O15 EDITORIAL Editor Hannah Norton

SALES & MARKETING Sales Manager Paul Ferris

Production Editors Roslyn Meredith Moira Daniels

Marketing and Communications Manager Lisa Narroway

CONTRIBUTORS

Traffic Coordinator Lou Gonzales

Samantha Woodhill Tim Baker Peter Baines

CORPORATE

ART & PRODUCTION Design Manager Daniel Williams Designer Kat Vargas

Chief Executive Officer Mike Shipley Chief Operating Officer George Walmsley Managing Director Justin Kennedy Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil

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NZLawyer is part of an international family of B2B publications and websites for the legal industry NZLAWYER hannah.norton@keymedia.co.nz T +64 9 889 0124 samantha.woodhill@keymedia.com.au T +61 2 8437 4704

AUSTRALASIAN LAWYER

hannah.norton@keymedia.co.nz T +64 9 889 0124 samantha.woodhill@keymedia.com.au T +61 2 8437 4704 Copyright is reserved throughout. No part of this publication can be reproduced in whole or part without the express permission of the editor. Contributions are invited, but copies of work should be kept, as NZLawyer magazine can accept no responsibility for loss

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UPFRONT

IN-HOUSE LEGAL TEAMS

New Zealand’s legal profession at a glance The New Zealand Law Society’s latest study on the profession offers some interesting insights BOTH THE number of in-house lawyers and the proportion of female lawyers continue to rise in New Zealand, according to the Law Society’s latest snapshot of the profession. Of the nearly 12,000 lawyers practising in New Zealand, 59% are in firms with more than one practising certificate. Of these, 28.2% have female lawyers as the majority of practising certificate holders. In 147 New Zealand multi-lawyer firms, the majority of partners and directors are women. The proportion of lawyers who practise in-house – 21% – has risen from 19% in 2010, with the growth of the Public Defence Service and increased employment in the local government sector considered to be contributing factors. Small firms have shown the most growth, with firms with four to nine partners or directors contributing 23.7% of all lawyers practising in firms in 2015 – up from 22.1% in 2013.

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LAWYER NUMBERS BY LOCATION Overall, New Zealand has one lawyer for every 383 citizens. On a regional scale, the country’s lawyers are generally found to be proportionate to the population, with one major exception – Wellington. The significant number of Wellington-based in-house lawyers gives the city the highest density of lawyers per head of population in the country – one lawyer for every 85 citizens.

250 112

(53%M, 47% F) Tauranga

(57% M, 43% F) Whangarei

116 (58%M, 42%F) Rotorua

54 (52%M, 48%F) Gisborne

5,155

455

(54%M, 46%F) Auckland

(51% M, 49% F) Hamilton

114 (55%M, 45%F) New Plymouth

113

(41%M, 59%F) Porirua

(65%M, 35%F) Napier

157 79

(57%M, 43%F) Nelson

(57%M, 43%F) Hastings

102

(51%M, 49%F) Queenstown

2,258 (49%M, 51%F) Wellington

1,116 54 (61%M, 39%F) Timaru

65 (55%M, 45%F) Invercargill

275 (52%M, 48%F) Dunedin

(52%M, 48%F) Christchurch

(60%M, 40%F) Palmerston North

187 (49%M, 51%F) Lower Hutt

BREAKDOWN OF THE PROFESSION While the percentage of in-house lawyers grows, the proportion of lawyers who practise as barristers continues to decline. Lawyers practising through a law firm of any size make up 66.5% of NZ lawyers and have an average of 17 years in practice. Half of New Zealandâ&#x20AC;&#x2122;s law firms comprise just one lawyer.

11% 46%

21.4 years

of lawyers in Auckland are femaie

the average length of time NZ lawyers have been in practice

59%

barristers or not currently working

practise in law firms with more than one practising certificate

21% in-house lawyers employed by an organisation

NZ lawyers have been in practice for over 60 years

of lawyers were listed as smokers in the last census

8% in sole practice

REGIONS WITH THE FRESHEST FACES These regions have the highest proportion of lawyers who have been in practice for less than 10 years (excluding centres with fewer than 10 lawyers). Orewa Ashburton Hawera Whakatane Pukekohe Wellington Invercargill Rangiora

52.6% 51.4% 46.2% 40.6% 40% 39% 38.1% 37.9% 0

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UPFRONT

NEWS ANALYSIS

Strike while the iron’s hot Property practices in Auckland law firms are being inundated with work off the back of a booming hot real estate market. Hannah Norton reports

The firm does a lot of development work, acting for those doing the developments or engaging stakeholders in the public or private sector. “There is big demand in Auckland for new residential property, so there are a lot of proposed residential developments in the pipeline.” Another trend is the amount of foreign investment coming into the region. “There is a lot of money being spent on real estate … and it’s not just Chinese money – there’s Australian money, Canadian money, European money. But Chinese money is perhaps the most predominant at the moment.”

AUCKLAND’S RESIDENTIAL PROPERTY MARKET IN NUMBERS AUCKLAND

THE BUBBLE that is Auckland’s property market is having far-reaching impact – from the lowering of the credit profiles of the country’s largest banks, to professionals relocating to the provinces in search of affordable housing. It is also translating into increased transactions – as well as increased profits – for Auckland’s law firms. Firms are experiencing the highest level of profits in nearly a decade, in part due to the legal work arising from the property boom, Moore Stephens Markhams director Sam Bassett tells NZLawyer. The work – including transactions, and unitary plan, resource management and environmental requirements – has contributed to an increase in equity partner net incomes across the board, according to a recent study by Moore Stephens Markhams. The top five firms ranked by profitability reported net equity partner incomes ranging

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from $624,000 to $1,070,000 ($487,000 to $613,000 in 2013), and nearly half reporting net equity partner incomes in excess of $500,000 – a major increase since the 2013 survey. And while firms will keep mum about whether the boom is translating into profitability, a number report an increase in work and transactions. Minter Ellison Rudd Watts property partner Andrew Monteith is so busy with meetings in both Queenstown and Christchurch in the space of two days, his only opportunity to speak NZLawyer is during a 20-minute taxi ride. “How it is benefiting us is that we are flat out busy,” he says. “There’s a lot of work being done ... in the Auckland space we are working on a number of developments which are residential and commercial mixed developments, which are all very sizeable.”

NEW ZEALAND

Median house price

$735,000

$465,000

Increase in house prices since a year ago

20%

12%

Number of houses sold in July this year

3,160

8,121

Increase in sales since last July

41%

37.8%

Source: Real Estate Institute of New Zealand

In the residential property space the firm is starting to notice the movement of young professionals away from cities to provinces, where housing is much more affordable, Monteith says. Lowndes property/construction partner Jeff Walters has also noticed an increase in both development activity and new players in the market. “Our developer clients have increased their activity in terms of getting product to market to meet the demand and to ensure

that they time the cycle correctly.” This applies both to developers who primarily sell down subdivided sites, and to those who complete full residential builds, whether stand-alone, terraced housing or apartments, he says.

the number of new commercial office and industrial developments happening across the country, including in Christchurch, she says. She has also seen a lot of overseas buyers – particularly in Auckland – from jurisdictions

“There is a lot of money being spent on real estate … and it’s not just Chinese money – there’s Australian money, Canadian money, European money” Andrew Monteith, MINTER ELLISON RUDD WATTS Market newcomers – particularly Chinese and Indian developers – have also been a hallmark of this year’s property boom, he says. “We are seeing more participants looking to enter the market and partner in development projects with larger developers. This is leading to interesting development structures.” It is something Walters believes will continue, given the drive to get product developed and initiatives such as the Special Housing legislation to accelerate consents. There are a number of challenges that arise out of that increase in work, he says. “There is an intellectual challenge in being smarter at producing ‘out of the box’ outcomes. There is pressure to turn around higher volumes of work in shorter amounts of time to satisfy demand.” Practitioners also need to “keep up with the changing political and legislative landscape as central and local government implement various initiatives to assist development, with the potential for all sorts of unintended consequences,” Walters says. Bell Gully’s property practice is another team that’s extremely busy at the moment, partner Jane Holland says. “We have a very well-resourced team and everyone is involved in a range of transactions. Our broad client base is keeping us busy on everything from development agreements to major sales and purchases.” There has been a significant increase in

such as Australia and around the AsiaPacific, the US, Europe and the UK. Foreign buyers have been a controversial topic of late, with the perception that investors are buying ahead of, and pushing

up the prices for, owner-occupiers. Prime Minister John Key indicated before the Budget in May that the government would look to gather foreign investor information, as well as require that investors have New Zealand bank account and IRD numbers. And, according to Westpac’s latest Outlook for Auckland Residential Construction report, there is not enough new housing being built in Auckland to meet existing demand and keep up with population growth. The report says an estimated 10,800 dwellings a year, or 30% more than current levels, could be built by Auckland’s construction industry over the next eight years without a serious risk of overbuilding. But the next development for law firms might still be ... what happens when the bubble bursts?

OVERSEAS INVESTMENT IN NEW ZEALAND The recently released KPMG study, Foreign Direct Investment in New Zealand: Trends and Insights, has some interesting insights as to where foreign investment in New Zealand is coming from. The report looked at major overseas investment – excluding residential property – made in New Zealand in 2013/14. It found that Canada accounted for 22% of overseas investment, followed by China with 14%, the US with 13% and Australia with 11%. The value of applications approved by the Overseas Investment Office during this period totalled $14.2bn. Philippines

USA

13% Canada

Japan

22%

Hong Kong

Australia

11%

Malaysia

China

14%

Switzerland

Various undisclosed/Other

Asia (Other)

Brazil

Europe (Other)

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UPFRONT

MARKET MOVEMENTS

Appointments PARTNER PROMOTIONS FIRM

LAWYERS PROMOTED

Anthony Harper

Alex Campbell

Duncan Cotterill

David Briscoe, Chris Linton

Meredith Connell

Leo Farmer

SENIOR ASSOCIATE APPOINTMENTS

NEW MANAGING PARTNER AND CEP DESIGNATE FOR TOP TIER FIRM Chapman Tripp has appointed Andy Nicholls as a new managing partner in the firm’s Wellington practice for a five-year term. He also joins the firm’s board. A leading regulatory lawyer, Nicholls has been a partner at Chapman Tripp for 11 years. He advises clients in New Zealand and the Pacific Islands on regulatory and competition law issues in the electricity, gas, telecommunications and airport sectors. Nicholls replaces Mark Reese, who was at the helm of the Wellington practice for a decade and has now returned to full-time legal practice as a partner in the firm’s banking and finance team. The firm’s primary managing partner, Andrew Poole, will continue in his Auckland-based role until June 2016. With Nicholls’ appointment, Poole’s title changes to chief executive partner. Meanwhile, the firm has announced that Nick Wells will be appointed as the new chief executive partner to succeed Poole in mid-2016. Wells has been a partner at Chapman Tripp for 12 years, specialising in corporate and private equity transactions and fund formation. He has led some of the most significant corporate acquisition and private equity transactions in New Zealand. Wells was the independent expert to the Parliamentary Select Committee on the Limited Partnership legislation. He is a leading expert on corporate structuring for Maori, private equity, businesses and charities. He heads the firm’s Maori Legal Group, Te Waka Ture, and previously served on the firm’s board. Wells will continue as a full-time practising partner until he takes up the role in mid-2016. As chief executive partner, he will continue to lead the firm’s iwi practice and selected key client relationships. 8

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FIRM

LAWYERS PROMOTED OR LATERALLY APPOINTED

Russell McVeagh

Emma Barnett, Rebecca Britton, Christopher Graf, Lance Jones, Ben Paterson, Dominic Rowe

Bell Gully

Ben McTaggart, Kate Wevers, Jennifer Gunser, Jennifer Coote

Anthony Harper Megan Compton Chapman Tripp

Colin Fife, Lauren Curtayne, Greer Fredricson, Jeremy Gray, Prue Tyler, Laura Fraser, Chris Green, Jill Gregory, Simon Akozu, Jai Nario, Lucy Hare, Shalindri Silva, Nick Letham

DLA Piper New Zealand

Tom Barnes, Aimee Credin, Pavanie Edirisuriya, Erin Vercoe, Megan Yardley

Baldwins

Ben Halberg MANAGING PARTNER DEPARTS FOR BANKING ROLE Minter Ellison Rudd Watts managing partner Mark Weenink has resigned to take up the role of general manager (regulatory affairs, compliance) and general counsel at Westpac NZ. Weenink first joined the firm in 2007, and despite the GFC, the firm has seen steady growth in partners and clients since then. Matters the firm has worked on under Weenink’s leadership include major roles around the Pike River Tragedy, all of the PPPs in NZ to date, working with CERA on the Canterbury rebuild and Z’s recent acquisition of Chevron NZ

OTHER NAME

FIRM/COMPANY

TITLE

Andy Nicholls

Chapman Tripp

Managing Partner

Joanna Stafford

Duncan Cotterill

Special Counsel

Helen Johnson

Chapman Tripp

Senior Legal Advisor

Simon Peart

Chapman Tripp

Senior Legal Advisor

Tracy Yarrell

Duncan Cotterill

Associate

Rachael Judge

Anthony Harper

Associate

Willie Hamilton

Duncan Cotterill

Associate

Katherine Forward

Duncan Cotterill

Associate

Charlotte Johnson

Duncan Cotterill

Senior Solicitor

Tristan Sage

Duncan Cotterill

Senior Solicitor

Michelle Moore

Anthony Harper

Solicitor

Jullion Nelson Parker

Anthony Harper

Solicitor

Holly Anderson

Anderson Lloyd

Solicitor

Olivia Wensley

Anderson Lloyd

Solicitor

Margaret Casey

Barrister

Queen’s Counsel

Mark O’Brien

Barrister

Queen’s Counsel

Nicole MacFarlane

DLA Piper New Zealand

Special Counsel

Dr John Foulkes

Baldwins

Associate

Lucy Hopman

Baldwins

Global pro bono partner

GOVERNMENT APPOINTMENTS Experienced commercial and property lawyer John Auld has been reappointed as the chairperson of the Real Estate Agents Authority for a two-year term. Auld is an inaugural member of the Authority, having been appointed as a member at its establishment in 2009. In addition to his work as a lawyer he has a great deal of experience in corporate governance and in business generally. He is a former council member and president of the Taranaki District Law Society, and a former council member of the New Zealand Law Society. He served as a Disputes Tribunal Referee from 2009 to 2012 and is the Deputy Chair of Port Taranaki, the Deputy Chair of the Western Institute of Technology, and a former Deputy Chair of Taranaki District Health Board. David Jones has been reappointed as chairperson of the Takeovers Panel for one more year, effective from October. Founding partner of Jones Young, he was first appointed to the Takeovers Panel Advisory Committee in 1991 and has been a member of the Panel since its formation in 1995. Senior barrister Geoff Clews was also reappointed to the Disciplinary Committee under the Financial Advisers Act.

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UPFRONT

TRANSACTIONS

Deals round-up $1.18bn Underwritten block trade by Macquarie Capital of Origin Energy’s 53.1% shareholding in Contact Energy Macquarie Capital’s purchase of Contact Energy shares from Australia’s Origin Energy for $1.81bn was one of the largest block trades ever in New Zealand. Simpson Grierson advised underwriters Macquarie Capital, Russell McVeagh acted for Origin Energy and Bell Gully advised Contact Energy. The sell-down is one of the largest secondary markets transactions in New Zealand in the last decade, and one of the largest deals ever undertaken in the country. The deal was done under new legislation, specifically, a clause in the new Financial Markets Conduct Act that allows greater flexibility for listed issuers to assist its shareholders to sell-down their shareholdings, particularly those with a controlling stake or who were issued the relevant shares in the 12 months prior to the intended sell-down.

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Value (NZ$)

Adviser

Client

Lead lawyer(s)

Additional firms involved

Arvida Group on acquisition of three Auckland aged care facilities and associated $30m underwritten equity placement by book build offer, and $5m Share Purchase Plan

$62m

Chapman Tripp

Arvida Group Ltd

Roger Wallis, Adrien Hunter, Nick Letham

Anthony Harper

Aria

Simon Marks

Chapman Tripp

Arvida Group share placement

$30m

Bell Gully

Arvida Group Ltd

Anna Buchly

Forsyth Barr Group Ltd, Chapman Tripp

Marlborough Lines acquisition $89m of Yealands Wine Group

Simpson Grierson

Marlborough Lines

Michael Pollard, Anastasiya Gutorova

Mayne Wetherall

M2 acquisition of the CallPlus Group

$250m

Lowndes Jordan

CallPlus Group Graham Jordan and shareholders Andrew Wallace

Z Energy acquisition of Chevron New Zealand’s Caltex

$785m

Chapman Tripp/ Minter Ellison Rudd Watts Buddle Findlay

Z Energy Chevron New Zealand

Geof Shirtcliffe and Emma Sutcliffe, Paul Foley, Patricia Green and Neil Anderson, Simon Vodanovich, Lisette Hood and Tony Wilkinson

Deutsche Craigs Ltd underwritten block trade of 11.37% of the shares in The New Zealand Refining Company Ltd held by Chevron New Zealand

$82m

Chapman Tripp

Deutsche Craigs Limited

Rachel Dunne, Philip Buddle Findlay (acted Ascroft for Chevron New Zealand) Minter Ellison Rudd Watts (acted for The New Zealand Refining Company Limited)

Simpson Grierson

Macquarie Capital

Michael Pollard and Andrew Matthews

Bell Gully

Contact Energy Chris Gordon, Brynn Gilbertson, Chris Goddard

Transaction

Sale of Origin Energy's majority $1.18bn shareholding in Contact Energy

Private placement of shares in AFT Pharmaceuticals Limited

US$7.5m

Harmos Horton Lusk Limited

AFT Pharmaceuticals Limited

Tim Mitchelson

Bidco No 1 Limited acquisition of 100% of shares in Elldex Holdings Ltd

$30m

DLA Piper NZ

Coveris Holdings S.A. (a Sun Capital Partners, Inc entity)

Reuben Woods, Daniel Arapere, Laura Scampion

Buddle Findlay Chapman Tripp/ Minter Ellison Rudd Watts

Russell McVeagh (Pip Greenwood) Russell McVeagh, Simpson Grierson

Chapman Tripp, KPMG (New Zealand, Australia and United Kingdom)

MAKE SURE YOUR FIRM’S WORK IS RECOGNISED To ensure your firm and its lawyers get the recognition they deserve for their fantastic work, send all your deal details to hannah.norton@keymedia.com.nz

Transaction

Value (NZ$)

Adviser

Client

Pacific Edge Rights Issue

$35.3m

Anderson Lloyd

Pacific Edge Limited

Anne McLeod

Kathmandu on the proposed takeover by Briscoes

Confidential

Chapman Tripp

Kathmandu

John Strowger, Fiona Bennett

Simpson Grierson

Airbus’ share acquisition of Safe Air Ltd

Confidential

Simpson Grierson Airbus

James Hawes

Bell Gully

Sale of shares in Emerald Foods Limited

Confidential

Harmos Horton Lusk Limited

Greg Horton, Annie Steel

Mayne Wetherell

Lonza Group asset transfer

Confidential

Simpson Grierson Lonza

James Hawes

Buddle Findlay

Sale of assets in New Zealand Veterinary Pathology Ltd

Confidential

Harmos Horton Lusk Limited

New Zealand Veterinary Pathology Limited

Greg Horton, Annie Steel

Simpson Grierson

MM Logistics in relation to the New Zealand aspects of its acquisition of General Cable

approx. US$205m Chapman Tripp (subject to adjustment)

MM Logistics

Tim Tubman

Buddle Findlay acted for General Cable

Sale of shares in Farm Brands Ltd

Confidential

Harmos Horton Lusk Limited

Silver Fern Farms Ltd

Greg Horton, Annie Steel

Chapman Tripp, Buddle Findlay, Minter Ellison Rudd Watts

Restructure of Foodstuffs North Island Limited's Gilmours wholesale business

Confidential

DLA Piper NZ

Foodstuffs North Island Ltd

Martin Wiseman

PwC

NZ Institute of Sport on acquisition by Intueri Education Group

$19.3m

Chapman Tripp

NZ Institute of Sport

Geof Shirtcliffe, Nick Lough, Chris Gillies

Minter Ellison

Airwork Holdings on its joint venture with Freightways subsidiary Fieldair

Confidential

Chapman Tripp

Airwork Holdings

Roger Wallis, Matt Sumpter, Adrien Hunter

Buddle Findlay (NZ Post)

ANZ $3bn capital raising

A$3bn

Russell McVeagh

ANZ

Pip Greenwood

Ashurst

Link Market Services Australia acquisition 50% of Link Market Services NZ

$13.8m

DLA Piper NZ

Link Market Services Australia

Grant Koch (Sydney) Rachel Taylor, James McCarthy (Sydney)

Chapman Tripp

First NZ Capital Securities Limited and Credit Suisse (Australia) Ltd

Roger Wallis, Adrien Hunter

Precinct Properties New Zealand $174.1m Ltd accelerated entitlement offer, underwritten (apart from AMP Haumi’s participation) by First NZ Capital Securities Ltd and Credit Suisse (Australia) Ltd

Emerald Group Limited

Lead lawyer(s)

Additional firms involved

$19.25m NZ Institute of Sport acquires Intueri Education Group Minter Ellison Rudd Watts and Chapman Tripp advised on the $19.3m deal which will see the Intueri Education Group acquire the NZ Institute of Sport (NZIS), which also includes the New Zealand College of Massage (NZCM). Minter Ellison Rudd Watts advised Intueri Education– a private training college dual-listed on the NZX and ASX – while Chapman Tripp acted for the vendors. “The transaction was a very positive step for Intueri, which is listed on the NZX and ASX, in continuing its growth strategy and its quality mandate with acquisitions in the vocational training sector that support this strategy,” lead legal advisor acting for Intueri Education, Minter Ellison Rudd Watts partner Mark Forman said. “It represents a continuation of a busy period of activity for the firm and in the vocational education sector.” The Chapman Tripp team consisted on partner Geof Shirtcliffe, special counsel Nick Lough and solicitor Chris Gillies

Russell McVeagh (acted for Precinct Properties New Zealand Ltd)

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UPFRONT

TRANSACTIONS Adviser

Client

Lead lawyer(s)

Additional firms involved

Kiwi Property Group Limited accelerated entitlement offer, underwritten by First NZ Capital Securities Limited and Credit Suisse (Australia) Ltd

$159.1m

Chapman Tripp

First NZ Capital Securities Limited and Credit Suisse (Australia) Ltd

Roger Wallis, Adrien Hunter

Russell McVeagh (acted for Kiwi Property Group Ltd)

AWF Madison Group Limited (formerly AWF Group Limited) renounceable rights offer, underwritten by Deutsche Craigs Limited

$14m

Chapman Tripp

Deutsche Craigs Limited

Rachel Dunne, Philip Ascroft

Russell McVeagh (acted for Madison Group)

Pacific Edge Limited renounceable rights offer, underwritten by First NZ Capital Securities Ltd

$35.3m

Chapman Tripp

First NZ Capital Securities Limited

Rachel Dunne, Philip Ascroft

Anderson Lloyd (acted for Pacific Edge Limited)

Turners Ltd acquisition of 100% of the shares in Southern Finance Limited

$5m

Chapman Tripp

Turners Limited

Roger Wallis, Philip Ascroft

Anthony Harper (acted for the vendors)

Allegro Fund’s acquisition of Confidential the business and assets of Flooring Brands Limited and its wholly owned subsidiaries Tompkins Wake (trading as Carpet Court) and Flooring Brands Limited’s 50% shareholdings in each of its joint venture interests

Minter Ellison Rudd Watts

Allegro Fund II, Gerry Bean, Dylan LP and Burke Joseph Pace

Flooring Brands Limited

Bryce Davies, Andrew Comer

The trustees of the Eastern Bay Energy Trust on its full takeover and compulsory acquisition of remain shares in Horizon Energy Distribution

Confidential

Chapman Tripp

Specialist Roger Wallis, Josh advice to the Pringle trustees of the Eastern Bay Energy Trust

The Warehouse bond offer

$125m

Russell McVeagh

The Warehouse

Pip Greenwood, Guy Bell Gully (Rachel Lethbridge Paris)

Hellaby Holdings on its NZ$30m sale of its Elldex Packaging division to Coveris

$30m

Chapman Tripp

Hellaby Holdings

Roger Wallis, Adrien Hunter

Newcrest Mining Group farmin to Coromandel gold mining tenements held by Laneway Resources

Confidential

Chapman Tripp

Newcrest Mining Group

Josh Blackmore, Emma Sutcliffe

Property for Industry on its underwritten pro rata renounceable rights offer

$49.5m

Chapman Tripp

Property for Industry

Pip England, Luke Fitzgibbon, Briar Malpas

Bell Gully – Forsyth Barr (underwriter)

Academic Colleges Group Limited’s acquisition of Sir George Seymour

Confidential

Chapman Tripp

ACG

Joshua Pringle

Kensington Swan

Transaction

Turners Ltd acquires 100% shares in Southern Finance Ltd A top tier firm and a major firm advised on the sale of Christchurch-based finance company Southern Finance Ltd to the listed Turners Limited, the owner of Dorchester Finance. Anthony Harper acted for the shareholders of Southern Finance, with their deal team led by corporate advisory partner Malcolm Hurley and banking and finance partner Nigel Oliver and solicitor Jordan Hopkins. “The deal was negotiated and agreed with very quickly as the clients wanted it that way,” Hurley says. “Both law firms worked together really very quickly. From our point of view, it’s a little bit sad as we’ve worked with Southern Finance for a very long time, but it was great to get that result for the client.” Roger Wallis, partner, and Philip Ascroft, solicitor, of Chapman Tripp acted for Turners. Southern Finance was started in 1996 by Bert Govan, the Wilkins family and Layton Andrew, with an initial focus on car loans before it expanded into wider financial services.

Value (NZ$)

$5m

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Sharpe Tudhope (Bill Chapman) – also advised trustees

DLA – Coveris

Value (NZ$)

Adviser

Client

Wynyard Group Limited placement

$40m

Bell Gully

UBS New Zealand Ltd

Acquisition of Worldxchange

Confidential

Bell Gully

Vodafone New James Gibson Zealand Limited

Martelli McKegg

Development of 810 Great South Road

$80m

Bell Gully

Fletcher Building New Zealand

Jane Holland

Greenwood Roche Chisnall

Sale of Datacom House

$86.2m

Bell Gully

Fletcher Building New Zealand

Andrew Petersen, Russell McVeagh, Murray King, Mathew Duncan Cotterill, McKay Hornabrook Macdonald

Block trade by Tauranga Energy Consumer Trust of shares in Trustpower

$154.8m

Bell Gully

Deutsche Craigs Limited

Toby Sharpe

Harmos Horton Lusk

David Jones acquisition of leasehold interest in retail department store owned by Kirkcaldie & Stains

Confidential

Bell Gully

David Jones Pty Limited

Jane Holland, Amon Nunns

Kensington Swan

OceanaGold acquisition of Romarco Minerals

C$850m

Bell Gully

Romarco Minerals

David Coull

Blake, Cassels & Graydon LLP, and HSF

Purchase of General Electric’s fleet business

C$8.6bn

Bell Gully

Element Financial Corporation

Toby Sharpe

Buddle Findlay

Yellow Pages debt and equity restructuring

$535m

Bell Gully

Yellow Pages

David McPherson

$40m

Fliway IPO

$25m

Bell Gully

Fliway Group Limited

Toby Sharpe

G3 listing on NXT

IBRD Kauri issue

$800m

Bell Gully

International David Craig Bank for Reconstruction and Development (IBRD)

Xero private placement

$147.2m

Bell Gully

Xero Limited

TE Connectivity sale of Broadband Network Solutions business unit to CommScope

US$3bn

Bell Gully

TE Connectivity Haydn Wong, Tim Ltd Clarke

Allen and Overy, LLP, Simpson Thacher & Bartlett, LLP, Sutherland Asbill & Brennan LLP

G3 on NXT’s first listing

$40.4m initial market capitalisation

Chapman Tripp

G3 Group Limited

Roger Wallis, Josh Pringle, Briar Malpas

CMP Partners as NXT advisor

The Warehouse Group bond issue

$125m

Bell Gully

The New Zealand Guardian Trust Company Ltd

Rachel Paris

Russell McVeagh

Transaction

Lead lawyer(s)

Additional firms involved

Toby Sharpe

Buddle Findlay

Dean Oppenhuis

Simpson Grierson, Accel Partners

NZX’s new securities market NXT went live on June 18, with G3 Group Limited (G3) testing the waters with the first listing, advised by Chapman Tripp. The Chapman Tripp team was led by partner Roger Wallis, assisted by senior associate Joshua Pringle and solicitor Briar Malpas. NXT was designed for small and medium-sized businesses with aspirations to grow and was targeted at business with a value range between $10m and $100m. At the time of listing, G3 had a market capitalisation of $40m. “It was literally the first company listed on that new market, so there was a bit of having to work through with NZX how to interpret some of their rules… and some of their processes which are a little bit different, so it had quite a lot of novelty in that respect,” Wallis says.

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VANESSA OAKLEY

Weathering the storm A Commerce Commission-forced price reduction – and the resulting potential billiondollar funding gap – means Chorus has entirely reshaped the business. The telecommunications company’s general counsel, Vanessa Oakley, talks to NZLawyer about leading an in-house team during times of rapid change

‘A BILLION-DOLLAR funding gap’ are words no general counsel wants to hear. But that’s exactly what Vanessa Oakley has faced in her role as GC of New Zealand’s biggest telecommunications company, Chorus. First were the exciting beginnings of Chorus: a demerger from Telecom in late 2011 and the acquisition of the Crown contract to build the ultra-fast broadband (UFB) network soon after. Then, two years later, there was a significant setback. In late 2013, a Commerce Commission decision significantly reduced the pricing of the wholesale copper broadband services that Chorus offers its customers, resulting in the company announcing an implied $1bn funding gap until 2020. Despite the murky waters, the captain of the firm’s legal ship – Oakley – has stayed firmly at its helm. Previously the director of group regulation, competition and litigation at Telecom, she was part of the core team that led the demerger of Chorus and the UFB negotiations, before being appointed to the GC role at Chorus in November 2011. She was also part of the team to spearhead the reshaping of Chorus following the 2013 Commerce Commission ruling.

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So, it comes as little surprise that one of the key highlights of Oakley’s 15-year legal career is change. “Change is ‘business as usual’ in our team,” Oakley tells NZLawyer. “We are all committed to keep evolving and looking ahead – and it’s certainly never dull. “It is about how our organisation evolves, and how our team needs to too.”

A rapidly changing market In terms of the Commerce Commission decision, it appears to be a case of weathering the storm and focusing on the company’s primary mandate – better broadband for all New Zealanders. “As a consequence [of the decision] Chorus reshaped the business with an extensive range of revenue, operating cost and capital expenditure initiatives, as well as amended arrangements,” Oakley says. “We’re into the fourth year of regulatory processes reviewing that initial pricing. Two draft regulatory decisions now say that the initial prices were too low. “We are still getting on with delivering what we have committed to, which is fibre to the home and bringing New Zealand better broadband.”

“The skills that lawyers have include the ability to see the big picture and the details. That means that you can often see or create a pathway ahead, as well as the steps to get there”

CAREER TIMELINE

1994: LLB (Hons), Otago University; admitted as a barrister and solicitor of the High Court of New Zealand 1994–1996: Prosecutor/acting regional prosecutor, Ministry of Fisheries NZ 1997–1999: Contracted lawyer, London Borough of Hackney, UK 1999: Admitted as a solicitor of the Supreme Court of England and Wales (BPP Law School, London) 2000–2003: Senior counsel, Office of Telecommunications UK (now Ofcom) 2004–2006: Acting assistant general counsel/ senior regulatory and competition counsel, Telecom New Zealand Apr 2007–May 2008: Assistant general counsel, regulation and mergers, Commerce Commission May 2008–June 2009: General counsel group regulation, competition and litigation, Telecom New Zealand July 2009–Nov 2011: Director group regulation, competition and litigation, Telecom New Zealand Nov 2011–present: General counsel, company secretary, Chorus

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VANESSA OAKLEY CHORUS’S SIX HABITS OF HIGHLY EFFECTIVE GCOS SIX HABITS OF HIGHLY EFFECTIVE GENERAL COUNSEL’S OFFICES

SUPPORTS KEEPING THE AUDIENCE AND ORGANISATIONAL VALUES FRONT OF MIND

Enabling

We are aligned to strategy and purpose

Elegance

We design our advice to make the complex simple

Confidence

We tell it like it is

Human

We appreciate differences and show empathy

Networked

We are connected internally and externally to add value and build trust

Collaborative

We co-create relevant solutions

As part of that, the company is investing in a generational upgrade of New Zealand’s communications network to supply fibre to the home to a large part of New Zealand under a public-private partnership with the government – ultra-fast broadband for the future. The massive infrastructure project will be occurring in many parts of the country through to 2020. And Kiwis are demanding more, with the average broadband speed now 40% better than two years ago. New Zealand has improved its rankings in the OECD for growth of fibre connections and broadband penetration, and Dunedin, winner of Chorus’s Gigatown competition, is now ranked first in Australasia for broadband speeds. “So, New Zealand’s on the map, which is pretty exciting.”

Values-based leadership Oakley heads a 25-strong team, leading regulatory policy strategy development and implementation as well as the provision of legal, company secretariat, regulatory and policy affairs, regulatory economics and modelling, compliance, risk and internal audit functions. Half the team is legal, half is not; and in terms of balancing the two, she says it’s about “finding commonalities”. “They are all professionals, so the way I think about it is we have a diverse range of

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professional people who all have something unique to bring.” The lawyers on the team have a high understanding of the commercial and external landscapes, as well as of strategy and purpose, Oakley says. All team members are of a senior experience level, supplemented with the knowledge of external advisers. “We are looking to maximise a complement of the internal team and expert advisers. We engage support for volume as well as expert objective wise heads and diversity of thought,” she says. “We are continually focused on how we deliver being as important as what we deliver. So we can be demanding on our externals in that way as well.” Her advice for external firms aiming to work effectively with in-house clients centres on communication. “In-house counsel is in the business, and the externals aren’t, so there’s a responsibility on both of us to stay connected and make sure we are synthesising the legal and the commercial world together when delivering advice.” In terms of leadership of the general counsel’s office team, she describes her approach as “values-based”. “We talk about choosing our attitude, embracing change, using values-based leadership and being outcomes-focused.” Professionalism and integrity are gateway requirements for being part of the team, Oakley says.

To support the message that ‘‘how we deliver is as important as what we deliver”, Chorus has pinpointed six habits of highly effective GCOs. These include enabling, elegance – “make the complex simple in what we say and how we say it” – confidence, human and collaborative. Within the overall team plan, there are also personal development plans for every team member. “We have a range of training for the team – also training accessible by the wider Chorus team – and have introduced new ideas like customer journey mapping. “We are open to, and have enabled, secondments also.” The company offers flexible working as well, in “the sense of trusting our people to get their job done and working smart” – including part-time staff and remote working. Half the team are in Wellington and the rest in Auckland, with one person based in Dunedin.

Challenges A key challenge for the firm’s in-house team is the fact that the regulatory policy environment is “outdated and very complex”, Oakley says. “This is a big focus as a regulated infrastructure company that is thinking ahead, delivering on commitments and working with retail service provider customers to ensure end users get great broadband experiences. “If New Zealand more generally wants to enable and encourage investment, innovation and big thinking for the future, we are all going to need to think harder and differently to ensure possibilities and opportunities are open.” The telecommunications industry is changing both domestically and globally, Oakley says. “Internationally, the telecommunications industry has had really high investment and flat revenues, as well as massive change in consumer demands as we all increasingly do more online.”

A stellar career Oakley’s entry into the legal profession was relatively straightforward. “Law sounded like an interesting thing to

go and study, so I did,” the University of Otago alumna says. “I spiced that up with psychology, chemistry and calculus initially too.” But it’s working in the law and policy space that has become her passion. “My roles ever since have always allowed me to play broader than the law.” She has extensive experience in law and policy, in the public and private sectors in both New Zealand and the UK. When asked to what she attributes her rapid career progression to the top legal role in one of New Zealand’s biggest companies in the space of 15 years, Oakley says: “I’ve been lucky to have been thrown in the deep end a few times, either stepping up and acting in roles and/or working in a large, complex change environment from conception to execution. “I’m quite passionate about what I do. And I also really love the people leadership

aspect, so running a team, establishing programs of work and teams, and being part of an organisation that values that keeps me motivated.” For Oakley now, there is no typical day per se. “The diary usually comprises a mix of internal and external engagements.” She believes her current roles of GC and company secretary complement – rather than conflict with – one another. “The position of a broad general counsel role at executive level enables sight of a large range of internal and external perspectives,” she says. “The ability to synthesise both the analytical and the emotional to inform judgments means you can bring a unique lens to strategy, culture and direction inside and outside a company.” In addition, as a lawyer with practical and commercial experience, general counsel can advise senior management and a board

on both legal and non-legal risks and opportunities, she says. “Smart organisations can capitalise on this, particularly when increasingly complex and changing environments are the norm.” Lawyers make for good members of the C-suite generally. “The skills that lawyers have include the ability to see the big picture and the details,” she says. “That means that you can often see or create a pathway ahead, as well as the steps to get there. “Lawyers can usually absorb large amounts of information – facts, commercial and technical matters – and do that quickly in order to exercise or inform judgment.” Often lawyers have to work in uncertainty or ambiguity, and then influence or advise people, Oakley says. “So, whether you are thinking about doing that with a board or an internal or external stakeholder, those skills hold true.”

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CHRISTCHURCH

On shaky ground Nearly five years after the Canterbury earthquakes, the more complex insurance cases are starting to hit Christchurch courts, the city’s lawyers say. But the earthquake rebuild is not the only driver of work, they tell Hannah Norton

LAWYERS IN Christchurch firms are waiting with bated breath to see the movement in one key area, dairy prices, which have declined over the past 12 months to reach their lowest levels since 2009. While that might seem unusual from, say, an Aucklander’s perspective, in the Canterbury region agriculture is big business. And it’s that cash injection that will help drive not only the region’s post-earthquake rebuild but its overall economic expansion. “It will be interesting to see the effect dairy prices have,” says Jared Ormsby, executive chair of Wynn Williams’ Christchurch office. “Because that’s obviously a bit of negative economic news, and that wider economy might not kick in in the way that we were all expecting it to once the rebuild started to take off.” Echoing his sentiments is Anthony Harper’s head of litigation, Peter Woods. “There is ongoing concern in the construction industry as to how any future economic downturn would affect the city’s rebuild – we are waiting to see if the dairy industry is facing a crisis which would precipitate a slowing of the economy,” he says. “Dairy is a cyclical business,” adds Christchurch-based Chapman Tripp partner Hamish Foote. “And unfortunately its cycles can be long. We are now clearly moving into a low-pay-out environment, and that will cause some challenge for many people.”

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CHRISTCHURCH But it’s really wrong to think of that just as a predicament that affects dairy farmers, he says. “Their economic neighbours will also be heavily affected, and the reduction of revenues for all those people flows throughout the rural economy. “If you’re not thinking about Auckland house prices, the dairy pay-out is probably front of mind for many people.”

Market impact on firms Wider macroeconomic factors are only likely to impact on the type – rather than the volume – of work for the region’s law firms, Ormsby says. “I think litigation will continue to grow strongly, and I think that will happen regardless of the current state of the economy, because either we are going to continue to see that growth in commercial litigation, or – and we hope this doesn’t happen – if the economy turns south, with the dairy or the rebuild tapering off, there’s probably going to be an increase in insolvency and that type of work.” While Wynn Williams has noticed a slight increase in insolvency, particularly around the fringe operators, “we haven’t seen as much as was being predicted six months ago”, Ormsby says. “There are still a lot of major projects to be completed in Christchurch, and I think for now things are still relatively buoyant. “And I think if the economy just ends up slowing, we are not going to see as much insolvency work as was predicted. But obviously, if things take a worse turn than that then I think we’ll see an increase in that area.” Anthony Harper has already seen that increase, Woods says. “There has, in particular, been a dramatic increase in insolvency work over the last 12 months.”

Ormsby says. “And we are still seeing growth in those areas. “Litigation is still busy, but we are not seeing as much earthquake-related litigation, but I just think because the economy has been so buoyant down here that has just flowed on to commercial litigation, contract disputes, negligence and trusts litigation.” The firm has also been heavily involved in the resource management and local government space, advising Environment Canterbury and the local authorities on the work associated with the Lyttelton Port Recovery Plan.

“When everybody thinks of Christchurch and Canterbury, they think earthquakes. But there is a lot more going on here than that. We have the same variety of work down here that we have nationally. So we’ve got a good diet of corporate work, including M&A and securities, balanced with a strong agribusiness and infrastructure client base” Hamish Foote, CHAPMAN TRIPP

“That in itself will continue to tell a bit of an economic story for Christchurch and Canterbury and the wider community, because obviously the port is essential to economic growth down here.” For thcoming regulator y changes around the transition of the powers of the Canterbury Earthquake Recovery Authority back to local government will also impact on the firm. “Obviously that is going to be a major change, and it will be interesting the form Key areas of work that legislation takes, and what’s proposed Wynn Williams is extremely busy with and how it is proposed,” he says. construction, property and leasing work, “The other big thing that is happening,

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which is particularly relevant to us as we act for Environment Canterbury, is the transition of Environment Canterbury back to democracy and elected councillors, so from a mix of commissioners and councillors to a fully elected model in 2019.” Cavell Leitch has been hectic on the property front, particularly in the realm of commercial property, partner Sarah Manning says. “Our clients are keeping us very busy with the full range of commercial property work. “Recently, we have had quite a few clients whose developments have got to the stage

where they can be marketed and sold, and these properties are selling well. We have also had quite a few clients buying and selling ‘as is where is’ commercial property,” she says. The firm has also noticed a lot of work around leases, as well as construction work such as advising on building contracts. “There has been … quite a lot of ‘lease end’ work (ie negotiating reinstatement settlements) as clients move from their old premises into new premises. “Also, the ‘as is where is’ sales and purchases are interesting.” For Anthony Harper, there has been a

steady increase in insurance work – which Woods anticipates will continue for a couple more years – but no noticeable increase on the property front. “Our property team has seen that some run-of-the-mill work – leasing and rent reviews – has reduced, but that is probably because the client has lost their building or it has been demolished,” he says. “The litigation team has seen no such downturn.”

Increase in intractable insurance cases For Anthony Harper’s litigation team, the key areas of work are still linked to the earthquakes and the ensuing rebuild, including litigation arising out of insurance

CHRISTCHURCH’S REBUILD IN NUMBERS

$40bn

estimated total cost of the rebuild

122

number of bridges/culverts repaired/replaced

96%

percentage of central city work now complete

79%

percentage of people in Christchurch who rated their quality of life as ‘good’ or ‘extremely good’ in August this year

1,049,649sqm area of road repaired/ replaced

1,116

number of lawyers in Christchurch

Sources: Future Christchurch, SCIRT, NZ Law Society

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CHRISTCHURCH claims for commercial property, business interruption and residential property. “We’re nearly five years on and there are still a large number of residential and commercial claims out there that haven’t been resolved. There is still a lot of work to do,” Woods says. There are just a handful of firms who have received the bulk of the insurance work, particularly the insurance litigation, he says. “[There are] a few firms who act for both the insurers and the insured. I think this could lead to some potential conflicts, which may prove difficult to manage.

reinstatement. “We may also start to see some claims come through against brokers.” While the volume of insurance law cases has dropped for Wynn Williams, the firm has also noticed an increase in complex cases. “The easy ones have all been resolved or settled, and that high volume work is starting to taper off now. But there’s still those more intractable-type of complex cases. “There’s still quite a bit of work in those areas to work through … it will be interesting to see where things head post-2016.” Foote says the work is not all earthquake-

is actually a secondary consequence. “It’s just the fact that there is now money and people are investing once again.” Woods notes an interesting trend is the expansion of Christchurch firms into Auckland. “We did that over five years ago, and in the last couple of years we’ve seen three other firms from here expand into Auckland. “We were committed to that preearthquake, because we saw that Christchurch was a mature market and we were very well placed in it, and we saw that economic growth was going to be driven by Auckland. We had clients who were asking us to be up in Auckland.” Another thing he has noticed is around the dissemination of legal information to earthquake-affected people. Anthony Harper has partnered with Lane Neave to hold informative public meetings on a pro bono basis, some of which have attracted over 700 people. Canterbury University’s Law School students are also assisting Anthony Harper with some of the paralegal work on claims against EQC. related. “The community has become more “When everybody thinks of Christchurch involved in the supply of legal services. and Canterbury, they think earthquakes. But “There’s still a huge thirst for information there is a lot more going on here than that. about what people’s rights are and how they “We have the same variety of work down should get these claims resolved.” here that we have nationally. So we’ve got a good diet of corporate work, including Business confidence remains high M&A and securities, balanced with a strong The feeling among Anthony Harper’s clients agribusiness and infrastructure client base.” remains optimistic, Woods says. “There’s a huge amount of physical work Key trends in the region’s going on in Canterbury. legal sector “There’s low unemployment and there’s It’s an exciting time for firms to be in good opportunity. There is a bit of frustration Christchurch, Foote says. that it’s very hard to make projects stack up “It’s a really interesting economy at in the CBD. But we are now seeing a bit of the moment because there is still a lot of foreign investment coming in, and there’s insurance money slushing around. tremendous opportunity.” “There is a real gold-mine mentality in And Ormsby agrees. parts of the city, and then there are other “By and large our clients are very people who are still hurting immensely.” optimistic. I know there a couple of blips on To the extent that the earthquake is driving the economic radar, but I mostly see things work for many people, Foote thinks a lot of it going forward very positively.”

“The insurers have worked through the easier claims, and now we are dealing with complicated multiple insurance, multiple tenant and common area claims” Peter Woods, ANTHONY HARPER “Anthony Harper acts for insureds – so property owners. Our clients own commercial property well in excess of a billion dollars, and we have had claims for a significant proportion of these damaged properties.” A key trend Woods has noticed is that the really challenging claims are starting to surface. “The insurers have worked through the easier claims and now we are dealing with complicated multiple insurance, multiple tenant and common area claims.” He doesn’t believe we are at the highest point of litigation now. “The standard insurance claims for both commercial property and residential property are still growing, and we are getting those hard claims out.” He anticipates the next phase will be disputes over the quality of the work that’s being done on the earthquake repairs or

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MALCOLM HURLEY

From the plains of Africa Malcolm Hurley’s legal career has taken him from Africa to the helm of New Zealand’s fastest-growing law firm. He talks to Hannah Norton EVERY TUESDAY morning Malcolm Hurley rouses in his Christchurch home at 4.15am. Less than 60 minutes later, the managing partner of Anthony Harper is boarding a domestic flight to Auckland. The day’s forecast: back-to-back meetings with staff and clients, as well as hands-on corporate law work. It is 3pm on a Tuesday when Hurley meets with NZLawyer – and he hasn’t stopped since boarding that 5.40am flight. Despite this, he appears both calm and sharp, and his eyes sparkle as he explains the firm’s rapid growth that has seen revenues increase by 80% over the past two and a half years and lawyer numbers increase by 70%. “It is very, very exciting being involved in a firm that is growing like that,” he says. “We are the fastest-growing law firm in New Zealand. I think we have a great reputation, and I think we have growing brand recognition.” The firm recently completed its annual staff culture survey, which featured the question: ‘Do you think you are part of a successful firm?’ “Ninety-eight per cent of our staff think that they are part of a successful law firm,” Hurley says. “And that to me is tremendously exciting.”

Thatcherism, Enron and Schnapps Exciting is also a befitting adjective for Hurley’s career prior to his arrival back in New Zealand. Auckland born and bred and an alumnus of the University of Auckland, his lawyer

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days began at Bell Gully between 1986 and 1987. “Then we went over to the UK – expecting to be over there a couple of years, as most New Zealanders do – and ended up spending 17 years overseas, mostly in the UK, but with a few years in the middle in Africa.” He was an intermediate-level lawyer working for the UK outfit of global firm Stephenson Harwood, which had a lot of involvement in African business at a time when privatisation was rife.

– where Hurley spent two and a half years. Each year the government of Ghana had to complete about 50 privatisations, or risk their grants and loans from the World Bank. “It’s funny. Before we went to Africa I had little desire to go there. But as soon as I got there I absolutely loved it. “The people were extremely welcoming. The living conditions were generally very good, although some of the infrastructure was not so good. But it was something you learnt to cope with over time.”

“You’d take along a bottle of Schnapps, and have a ceremony with Schnapps [with the chief ] and discuss business and create the terms of the lease … it was absolutely fascinating stuff ” “The UK led the world in terms of privatisations – the Thatcherism measures of the late eighties and early nineties saw the UK privatising large parts of the state sector. “African countries have huge state sectors, and around that time it was a period when the World Bank and other funding agencies were making grants and loans conditional upon a certain number of privatisations happening.” Hurley was one of a number of UK advisers who went over to Africa, working in Uganda, Ethiopia, Botswana and Ghana

From a legal perspective, it was a hugely fascinating venture, Hurley says. “It was basically M&A. You were selling an asset – the only difference was that the vendor was the government, and there were slightly different rules around that.” Hurley’s clients included the likes of the minister of finance, the minister of telecommunications and the minister of transport. “So you were in and out of the minister’s office. It was quite exciting and quite a buzz, particularly for an intermediate-level lawyer.” And if the privatisation involved land,

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PEOPLE

MALCOLM HURLEY CAREER TIMELINE

1986–1987 Solicitor Bell Gully (Buddle Weir)

1988–1996 Solicitor Stephenson Harwood (London)

1996–2000 Partner Stephenson Harwood (London)

2000–2004 Partner Tite & Lewis (London)

2005–2006 Special counsel Anthony Harper

2007–present Partner Anthony Harper

2011–present Managing partner Anthony Harper

Hurley would go and see the chief and negotiate the lease for the land with him. “But you wouldn’t speak to the chief directly; you’d speak to his spokesman. So you’d take along a bottle of Schnapps, and have a ceremony with Schnapps and discuss business and create the terms of the lease. So it was absolutely fascinating stuff.” Hurley went from Stephenson Harwood to Tite & Lewis, the firm set up in the UK by professional services giant Ernst & Young. “It was the time when all of the accounting firms were getting into law – it was going to be the next big service line.” But after the Enron scandal and ensuing dissolution of Arthur Andersen LLP, with a couple of exceptions they closed the law firms down again; and it was at this point that Hurley and his family decided to head back home to New Zealand. “When we decided to come back in 2005, we went to Christchurch, because that’s

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where my wife is from.” Hurley joined Anthony Harper in the role of special counsel for a 12-month fixed term contract, after having been partner at both Stephenson Harwood and Tite & Lewis – a move which he says was “quite hard”. Thankfully, Anthony Harper was a longestablished firm – “it’s our 150th anniversary this year” – with a strong client base. But he personally didn’t have a client base, nor was his overseas experience wholly transportable, so it took him two years to become partner on the corporate advisory team in 2007. In November 2011, he became managing partner.

The changing role of managing partner When Hurley started at Anthony Harper there were 11 or 12 partners. Now there are 23 (soon to become 24), and around 70 lawyers at the firm. “There’s a lot more management,” Hurley says. “We have grown 70% in terms of lawyer numbers over the last two and a half years. We’ve had seven new partners in the last 12 months. It’s been extraordinary growth.” He estimates half his time is spent on management matters and the other half on legal work for clients.

manager, finance manager and HR manager. “All of that, as managing partner, has taken a tremendous amount of time and effort over that period. Because of that growth, I suspect the role of managing partner has been slightly different from what it will be going forward.” Despite that time and effort, Hurley has enjoyed overseeing such significant change. “I’ve loved it – absolutely loved it.”

Increasing profitability Hurley really enjoys the business side of law, having studied both law and accounting – even envisaging he would go in-house at one stage. “Being managing partner allows you to do both things, because I am now really involved in our business.” It’s an exciting time to be involved in the business – the firm’s revenues are also up 80% over the last two and a half years, and lateral hires with a strong client base were a big driver of that, Hurley says. “We brought in some absolutely fantastic lawyers and they have brought some absolutely fantastic clients.” Another driver was the firm’s change in focus to become more of a specialist firm, he says. “Many mid-sized law firms don’t really

“I think for a mid-sized law firm to be successful you actually have to have some areas where you are the best” “[The hands-on work] is reducing over time, inevitably. Because we’ve grown so quickly, there’s been a lot of work involved in that growth.” And all that growth has taken time in terms of recruitment and making sure everyone is operating as a team, he says. During that time, the firm has also overhauled its processes and infrastructure – “we’ve got new premises in Auckland, new computers, new telephone systems, a new website” – and its management team, including a new COO, a new business development role, and a new systems

specialise – a corporate lawyer will be a corporate, commercial lawyer who probably does property and trusts as well. “We operate along the same lines of the very largest firms. I’m a corporate lawyer and I do M&A work and corporate, commercial work. I don’t touch property, I don’t touch trusts, I don’t touch employment – I have other specialists who do that.” It’s also been a case of identifying particular areas in which the firm is the best, he says. “I think for a mid-sized law firm to be successful you actually have to have some

ANTHONY HARPER IN NUMBERS

number of partners in 2005

number of partners in 2015

80%

increase in revenues since 2013

number of partners in the last 12 months

98%

of Anthony Harper staff think they are part of a successful law firm

areas where you are the best.” In the retirement village sector, Anthony Harper is the leading firm, acting for over a third of all registered villages in New Zealand (and providing specialist advice for many more). It also excels in areas such as property and construction, technology, and insolvency and banking. “There are those areas where I can hand on heart say that we are number one, or certainly in the top five or so law firms in the country. So that has attracted really good clients, and once those specialist areas have attracted those clients, we can seek to crosssell to them.” The number of clients who the firm bills over $25,000 annually has increased 30% year-on-year over the last two years. “Those are the ones that we are really focusing on.” But increasing revenues hasn’t been the

only focus of the firm – increasing overall profitability has. Anthony Harper has starting looking at actual profits of individual teams, as well as at whether partners meet their individual fee budgets. “It doesn’t matter if everyone’s meeting their budget if the cost of that team – whether it’s salaries or marketing trips or the cups of coffee they have – is too high.” A team that is consistently meeting their fees budget might also have the highest costs and lowest profitability. “If all you are doing is recording your fees – in the form of actual versus budget – you don’t have any of that really important business information that you need to make decisions.” Going forward, Hurley anticipates a bright future for Anthony Harper. “I’m extremely optimistic about where we are as a firm.”

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FEATURES

INTELLECTUAL PROPERTY

Filing across the Tasman The rugby field isnâ&#x20AC;&#x2122;t the only place of intense trans-Tasman competition: New Zealand firms are competing head-to-head with their Aussie counterparts when it comes to IP filing across the ditch, and vice versa. Hannah Norton reports

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AT ONE stage of the 2012 London Olympics, Australia had just one gold medal to its name, compared to New Zealand’s three. So, in compiling medals tables, Australian newspaper Daily Telegraph had a solution to better Australia’s ranking – combine the two countries and call them ‘Aus Zealand’. While the invention of the rogue nation was a gimmick, its essence could be said to be true, particularly in the intellectual property space. “The fact is that people travel a great deal between New Zealand and Australia, and so the knowledge of brands can be very similar, not least due to the existence of many successful trans-Tasman brands,” says Hudson Gavin Martin IP partner Jason Rudkin-Binks. “Australia and New Zealand are now almost seen as a single market – this has even been discussed in case law – hence whenever someone is looking to launch in New Zealand, inevitably the Australian market is sat there, just waiting to be exploited.” The blurring of the lines between Australia and New Zealand in the business world has also translated to the legal space, with Kiwi firms now competing head-to-head with their Aussie counterparts when it comes to IP filing across the ditch, and vice versa.

“Many firms set up addresses for service in the other country and starting acting directly with the Intellectual Property Office in the other country.” There is a distinct division within the business of IP firms between local client work and the work that firms do for multinational companies who want to protect their IP in New Zealand or Australia, he says. “Local client work is not really the subject of trans-Tasman competition. New Zealand firms tend to act for local New Zealand companies, and Australian firms for Australian-based companies. The transTasman competition is for the international client work coming into New Zealand and Australia.” And while there are benefits to having a firm on the ground in each country, many clients also see the benefits of having a onestop shop of sorts, or dealing with fewer law firms in general, Broadley explains. But it’s not as simple as cross or dual filing. “The manner in which IP Australia and IPONZ [the Intellectual Property Office of New Zealand] treat trademarks can be quite different, both from a registration and prosecution perspective; so, for instance, infringement and the pure mechanics of The history of trans-Tasman filing processing a trademark registration have The passing of the Trans-Tasman Mutual inevitable differences,” Rudkin-Binks says. Recognition Act in 1997 marked a new age “Ultimately, the Acts are different. Our for New Zealand and Australian IP firms, New Zealand Act is similar to that used in the according to AJ Park managing partner UK, and so to me doesn’t seem too different Damian Broadley. to how the UK Trade Marks Act looked like All of a sudden, firms in both New Zealand back in 1994. and Australia could file across the ditch. Australian legislation, when you boil it “IP firms in Australia and New Zealand right down to its core, is trying to achieve the overnight went from being each other’s clients same thing, he says. to being competitors,” he says. “However, it is drafted in a different way;

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FEATURES

INTELLECTUAL PROPERTY THE STATES OF EMPLOYMENT NZLAWYER ASKS SOME OF NEW ZEALAND’S IP LAWYERS ABOUT KEY TRENDS IN THE IP SPACE IN THE FIRST HALF OF 2015 JOHN GLENGARRY Buddle Findlay partner “The space was busy in the first half. We noticed confidence among exporter clients to break into new markets and bring on new products. The previous heat in dairy-based exports to China abated over the period. However, China remained a strong market for other products and services. Possibly assisted by favourable exchange rate trends, our early-stage and highgrowth clients were particularly active, especially those in the SAAS space. Domestically, activity was up on previous years.”

ANGELA SEARLE Baldwins partner “We are finding that local companies are expanding globally – including to Australia – much more quickly than they used to. Even start-ups are considering their international position. Also, companies are more IP aware than in previous years and are becoming more vigilant about enforcing their IP rights, as they realise the value of such rights.”

EARL GRAY Simpson Grierson partner “We have seen strong workflows in all aspects of IP in the first half of the year. Although the trends are subtle, we have seen a tendency for IP disputes to settle, and new disputes to be resolved quickly, as the year goes on. At the same time, there is a significant increase in corporate activity generally, with increased work on the IP aspects of those commercial transactions.”

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it’s constructed in a different way. Therefore inevitably the case law is different and the various registrability or infringement tests are different. In many areas the differences are small, but in some cases they are noticeable. “Trans-Tasman branding can therefore require you to look at a brand with two separate sets of glasses – one for New Zealand and one for Australia.”

The impact of the Madrid Protocol In 2013, New Zealand implemented new legislation to join the Madrid Protocol, a treaty administered by the International Bureau of the World Intellectual Property Organization (WIPO) to facilitate the filing of applications overseas in one step. “The overlay you’ve got over the top of all that is really the Madrid Protocol coming in, which has really changed the landscape, I think, in New Zealand,” Rudkin-Binks says. “In Australia, they’ve had it for a number of years, so they’ve really been through that change in ethos at the examination table, and they are coming out the side of it a little bit. “So despite the fact that IPONZ and IP Australia seemingly want to work together to make it easier for people to have a transTasman brand, it’s quite hard for them to align their processes.” For trademark registration, the Madrid Protocol has changed the landscape both ways, according to Simpson Grierson IP partner Earl Gray. “Many overseas law firms and trademark attorneys, not just Australian, are now filing international registrations designating New Zealand – amongst other countries – under the Madrid Protocol.” New Zealand law firms then only get involved in an international registration that designates New Zealand if the New Zealand designation meets an objection from the IPONZ or opposition from a third party, he says. “From Simpson Grierson’s perspective, as we do not rely on commodity filing and are regarded as high end in the New Zealand intellectual property market, this has been

a boon because we are often selected by in Australia, followed by Baldwins – but in and – to a lesser extent – Australian companies overseas firms to deal with ‘tricky’ issues.” New Zealand, nine of the top 14 patent-filing protecting their IP in New Zealand, as well as More New Zealand businesses are also firms are Australia based. multinationals looking for a one-stop shop, taking advantage of the Madrid Protocol’s simplified processes and – generally – better cost structure to use their New Zealand adviser to file international registrations designating, among other countries, Australia, Gray says. “In that sense, New Zealand firms are doing more work at IP Australia. Where objections or oppositions are encountered, we currently continue to rely on the specialist expertise of leading Australian IP practitioners.”

“Australia and New Zealand are now almost seen as a single market – this has even been discussed in case law – hence whenever someone is looking to launch in New Zealand, inevitably the Australian market is sat there, just waiting to be exploited”

International work goes to fewer firms New Zealand’s accession to the Madrid Protocol, combined with the upcoming ‘single desk’ for filing patent applications, and the potential for an ‘ePCT’, are all driving consolidation of the international work into a smaller number of firms, Broadley says. “Many New Zealand firms appear to have suffered as a consequence. AJ Park is in the top five or six firms for filing trademark applications in Australia, but no other New Zealand firms are in the top 15. There were two Australian-based firms in the top 10 firms for filing trademark applications in New Zealand.” Meanwhile, on the patent side, AJ Park is just outside the top 10 firms for filing patents

Jason Rudkin-Binks, HUDSON GAVIN MARTIN With the recent regulatory changes, that situation will only worsen, Broadley says, which means more market share to firms based in Australia. “It is not all pessimism though,” he says. “Those firms with a good base of local clients are somewhat insulated from these international changes, and in fact can benefit from them in some respects. “AJ Park is still, for example, the biggest filer of trademark applications in Australia and New Zealand combined, followed by three Australian firms.” Baldwins has work from New Zealand companies protecting their IP in Australia,

partner Angela Searle says. “Australia is still New Zealand’s secondlargest export market, so it is always going to be important to our clients,” she says. “Most of our patent attorneys are registered in New Zealand and Australia so we can deal directly with IP Australia.” Buddle Findlay is another firm that files directly with IP Australia. “We also know our limits and so will call on assistance from Australian-based practitioners when needed,” says IP partner John Glengarry. “The same goes for disputes and transactional matters that involve Australia.”

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FEATURES

INTELLECTUAL PROPERTY

THE WIPO MADRID SYSTEM In 2013, New Zealand implemented new legislation to join the Madrid Protocol, a treaty administered by the International Bureau of the World Intellectual Property Organization (WIPO) to facilitate the filing of applications overseas in one step.

filing in English via IPONZ

member countries

set of fees

complainant filings in domain name disputes in 2014

respondent filings in domain name disputes in 2014 Source: IPONZ/WIPO

Work emanating from Australia will often come to the firm by direct referral from Australian firms, which they collaborate with in terms of dealing with matters in New Zealand for their Australia-based clients, he says. “In our case, we go across the ditch without leaving our desk. That is, we haven’t chosen to affiliate with one firm or open our own office.”

Challenges and opportunities “IP Australia’s registry is vastly bigger,” Rudkin-Binks says. “So you’re more likely to come across people with similar rights over there. In terms of clearance, size alone means that Australia can be a more difficult country to clear, because of those earlier rights.” But it’s an important commercial step, he says. “One of the aspects of branding that I love is the need to look to the future and understand how the brand could evolve. “Hence at Hudson Gavin Martin we always discuss the Australian angle to ensure that the client’s brand is ‘locally’ future-proof – something they can use in both Australia and New Zealand. “The advantage of a dual approach is that if a client encounters a blocking right, we’ll often have the same issue in both New Zealand and Australia, so we can tackle both issues at the same time and save the client time and, ultimately, money.”

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Searle echoes his sentiments. “Australia is obviously a much larger market to New Zealand, and consequently it gives our clients the opportunities to grow. However, the Australian trademarks and patents registers are much more crowded.” This means it is critical to conduct freedom to operate searches prior to entering the Australian marketplace, she says. “There is more than one New Zealand company which has been prevented from using a key aspect of its IP in Australia due to a prior Australian right.” Also, because of the increasing market ties between the two countries, as well as increasing travel between them and use of the internet, there are some circumstances in which a reputation gained in Australia can ‘spill over’ to the New Zealand market, thereby preventing a local company from using a brand in New Zealand, and vice versa, Searle says. “It is often assumed that Australia and New Zealand are just the same when it comes to business culture. However, we have found that Australian companies tend to take a much stricter approach when it comes to enforcing their IP, and are much more vigilant. “On the whole, they don’t have the ‘she’ll be right’ attitude which is more prevalent in the Kiwi culture.” The opportunity for Buddle Findlay is to provide an expanded and relatively seamless

service to the firm’s clients, Glengarry says. “The challenge, as it is for all practitioners who choose to provide assistance outside their home jurisdictions, is to know our limits in terms of our legal and other obligations to clients, and to maintain and grow our competencies. “This is something we are always mindful of and which I think we are achieving; our approach is that we don’t dabble.”

Billion-dollar business However, it can only be a matter of time before New Zealand firms struggle to get their share of the Australian pie. A notable trend in the Australasian IP market is the consolidation of firms and investment in peripheral companies brought about by the ability of Australian firms to raise capital through listing, Broadley says. “One major Australian firm has listed on the ASX and currently has a market capitalisation of just under NZ$1bn. They have already bought another reasonable-sized Australian firm.” Because of the regulation of lawyers and patent attorneys in New Zealand, raising capital is much more challenging here, so it is not really a level playing field when it comes to investment in legal businesses, he says. “AJ Park is an 18-partner firm, and our biggest competition is now almost a billiondollar company.”

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THURSDAY 19 NOVEMBER 2015 PULLMAN HOTEL, AUCKLAND

Chosen from hundreds of nominations from across the legal industry, these are the best of the best – meet the finalists for the 2015 New Zealand Law Awards THE NEW ZEALAND Law Awards is the highlight of the legal industry calendar, recognising excellence and the outstanding achievements of those in the business. In June–July this year, NZLawyer sought nominations from across the New Zealand legal profession and once again received hundreds of nominations. Congratulations to all firms, in-house teams and lawyers who are finalists in the 2015 New Zealand Law Awards. For more information about this event and to book your table, visit www.lawawards.co.nz.

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CONSUMER, MEDIA & TECH DEAL OF THE YEAR Acquisition of Novopay assets and renegotiation of education sector payroll agreement FIRM: Russell McVeagh Negotiation of 2016–2020 SANZAR rights for SKY Television FIRM: Buddle Findlay IN-HOUSE TEAM: SKY Television Sale of Griffin's Foods to Universal Robina FIRMS: Chapman Tripp, Mayne Wetherell, Russell McVeagh Vector acquisition of Arc Innovations FIRMS: Chapman Tripp, Russell McVeagh

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FIRMS: Arnold Bloch Leibler, King & Wood Mallesons, Minter Ellison, Minter Ellison Rudd Watts, Russell McVeagh Harvard Management sale of interest in Kaingaroa Forest FIRMS: Bell Gully, Buddle Findlay, DLA Piper New Zealand, Russell McVeagh, Simpson Grierson, Webb Henderson Ngai Tahu Tainui purchase of Go Bus FIRMS: Chapman Tripp, Minter Ellison Rudd Watts, Russell McVeagh Partial takeover of Open Country Dairy by Talley’s FIRM: Harmos Horton Lusk Limited Vocus Communications takeover of FX Networks FIRMS: Bell Gully, Mayne Wetherell, Simpson Grierson

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Anthony Harper is an award-winning national law firm. There is a difference with how we work â&#x20AC;Ś a difference that sets us apart from our competitors. We are deeply immersed in our 16 specialist areas: banking and finance, insolvency and corporate recovery, construction, corporate advisory, employment, food and beverage, insurance, intellectual property, litigation, logistics and transport, property, resource management, retail, retirement villages, technology and trusts and asset planning. CONTACT: Malcolm Hurley, Managing Partner E: malcolm.hurley@ah.co.nz T: 021 190 3344 W: www.anthonyharper.co.nz

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PEOPLE

OVERSEAS EXPERIENCE

London calling Post-GFC, young Kiwi lawyers are starting to head back to the motherland again. NZLawyer talks to two young lawyers making their mark in London IT WAS once a rite of passage, but the mass exodus of young Kiwi professionals – such as lawyers – to London declined around the time of the GFC.

formerly DLA Phillips Fox – during the GFC. “That was when I noticed the drop-off, which is quite sad. Those three- to four- to five-year lawyers just weren’t going any more

“It’s good for their careers, absolutely, and obviously the London market has picked up from what I am hearing from my DLA Piper colleagues over there as well” Kelly Doyle, DLA Piper New Zealand While there hasn’t been a resurgence to pre-recession levels of lawyers crossing the hemisphere, local firms have noticed an increase. “I can’t say there’s been a mad exodus, but they are definitely starting to trickle over again,” DLA Piper New Zealand’s national HR manager Kelly Doyle tells NZLawyer. She was at DLA Piper New Zealand –

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– that was when it hit hardest I think.” But in the last two to three years she’s noticed that number pick back up again. “Personally I think it’s quite encouraging. It’s good for their careers, absolutely, and obviously the London market has picked up from what I am hearing from my DLA Piper colleagues over there as well.” Lawyers returning to New Zealand from

London offer a unique skill set compared to lawyers who have trained and worked only in New Zealand, Doyle says. “It’s fantastic, especially for us as a global law firm, as they have often had exposure to a lot of our global clients and they’ve worked on bigger deals – so they are adding a lot of intellectual capability to our business as well. “We love it when our own lawyers come back, or when we hire lawyers from other [overseas] firms – they definitely have a lot to add to the business.” The life experience factor is also an important consideration, she says. “I think I grew up a huge amount when I did my OE, so I’d always encourage people to go and do that for their own development and to experience a world outside of little old New Zealand.” It’s also good for law graduates back in New Zealand. “There’s a spot that opens up for them as well, so it works out for everybody really.” The fact that DLA Piper is a global firm

and global conglomerates to private equity houses. “A typical day varies, but sometimes it involves all-day negotiation meetings; others are spent drafting suites of documents and coordinating with cross-border teams. One deal I worked on had 16 different jurisdictions involved,” Hogan says. One of the major deals she’s worked on recently was advising a private wealth fund on its investment in a company that is laying a new transatlantic cable system between Europe and North America. “This involved teams from nine jurisdictions and completed within a very tight timeframe of three months,” she says. Another was advising the David Lloyd Group, which operates 80 gyms in the UK and a further 10 sites across Europe, on its sale to private equity group TDR Capital, which again involved a large cross-border team. Hogan was also leading the UK team when DLA Piper advised the Berkshire

the financial district of the City of London – where she enjoys the mix of nice cafes, restaurants and bars. “[It’s] like a London version of Ponsonby but slightly edgier,” she says. All things going well, in five years she pictures herself “still in London and continuing on the path to partnership”.

An in-house perspective Big deals have also been the hallmark of Nicole Bardebes’ career in London. Bardebes, of Auckland, now bases herself in Notting Hill and works as a commercial lawyer for British Communications, on the Next Generation Access (NGA) Legal Team as the legal lead on BT tenders to win contracts for new projects with local bodies throughout the UK. “This involves advising the business throughout the bid process, negotiating and drafting the infrastructure contracts, and providing State Aid and procurement advice.

“One deal I worked on had 16 different jurisdictions involved” has provided paths for its lawyers to work overseas, such as DLA Piper UK senior associate Jess Hogan. “Obviously the moving of staff has to be for a particular role, and in Jess’s case there was,” Doyle says. “Where possible, with our great people, we try and get them in offices overseas where we can.”

Ponsonby in the UK Aucklander Hogan made the move to London three and a half years ago. An Otago University alumna, she started her legal career in a graduate role at DLA Piper New Zealand, known then as DLA Phillips Fox, where she qualified and worked for four years on the corporate team. At the end of those four years, she moved to the corporate team at DLA Piper UK in London. Her role involves running mediumto high-value M&A and private equity transactions – advising clients ranging from private companies, large corporations

Jess Hogan, DLA Piper UK Hathaway-controlled Marmon Group on its US$1.1bn (£691m) acquisition of UK engineering giant IMI’s drinks dispense and merchandising businesses; and when DLA Piper advised PCCR USA, Inc. (owned by European investment group Investindustrial) on the acquisition of Total’s composites division, CCP. Her favourite aspect of the job? “The challenge of having two parties with opposing interests and being tasked to craft solutions to facilitate agreement. “Being able to work well as a team is essential, and I believe an important part of this is ensuring the associates and junior team members are adequately mentored and encouraged.” But with working on these large-scale M&A transactions also comes what she perceives as the most challenging part of her job: “The hours/work-life balance”. Hogan lives in Hoxton – in the East End of London and immediately north of

“The large scale of the deals I have worked on since being in the UK is really exciting, and unlike anything I had been exposed to before,” she tells NZLawyer. “I get to work with some great commercial teams who have fantastic experience in leading and negotiating deals [and] I am always inspired by their drive to hit objectives, and try to absorb as much of their knowledge as possible.” A large part of her role also involves working closely with senior leadership from both BT Group and Openreach to understand BT’s business strategy and come up with ways that help the commercial team achieve their objectives while mitigating any legal or commercial risks involved, Bardebes says. The NGA team works on the delivery of the government’s £1bn publicly funded broadband delivery program to roll out ultrafast broadband across the UK. “The UK government target is to have broadband across 95% of the UK by 2017, and

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PEOPLE

OVERSEAS EXPERIENCE the value of the entire UK fibre broadband deployment program we work on is over £1.7bn,” she says. “In June, BT completed a new round of bids for infrastructure project funding worth over £0.5bn, and these deals will bring the government coverage target significantly closer to being achieved.” When asked what she finds most challenging about her role, Bardebes replies: “As an in-house lawyer you need to remember why you are there – to help the business achieve its commercial objectives while

“I very rarely see New Zealanders with good experience moving over here struggle to find a great job.” That being said, given the visa restrictions for most Kiwis moving to the UK, it can be difficult to pick up a permanent role in a law firm or in-house, she says. “It is quite common to start on a shortterm contract, and if the relationship works out this can lead to sponsorship opportunities if the firm or company wants to keep you in the business for the long term.” Given the number of large-scale litigation

“The large scale of the deals I have worked on since being in the UK is really exciting, and unlike anything I had been exposed to before” Nicole Bardebes, British Telecommunications complying with its legal obligations and mitigating any risk. “It is vital to work closely with the business and deliver succinct advice that gets straight to the point of what the business is after. There is often no time or appetite for lengthy legal opinions, and it can be a challenge for in-house lawyers to grasp the concept of succinctly providing commercially focused advice that enables the commercial team to make a good decision.” But she relishes the challenge of fully understanding the business and the environment her company operates in. “I think the importance of an in-house legal team being commercially aware is paramount.”

Overseas experience Bardebes, a University of Canterbury law and media studies student who completed her final year at Victoria University, also went to London armed with some experience – three and a half years’ worth, at Waterfront Auckland. “The British economy and recovery of the labour market has been on the rise in recent years, so job opportunity has been increasing since I arrived in the UK,” she says.

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case and regulatory investigations, there is also a big market for paralegal and legal contractor resources, she says. “This is another very common path for New Zealand lawyers to take as these roles come with very attractive hourly/day rates and can last anywhere from a week to a few months.” She also notes what seems to be an increase in people who are trading off the security of permanent roles in firms or companies for shorter-term contract roles which allow them the flexibility to take time out for travel in between jobs. “The one thing I notice about New Zealand lawyers over here is that they bring to the workplace such a great level of energy and willingness to get stuck into any task, no matter our level of experience on the issue or if we know what we are doing. “It’s a refreshing attitude in the UK marketplace, where I think sometimes people are more inclined to stick to what they know and follow proven methods of doing things.” The size of law firms in London means lawyers can often specialise quite early, Bardebes says. “In New Zealand you frequently need to be across matters outside of your practice

area. We are used to often being thrown in the deep end and using our initiative to get on with the job – and while this may be daunting at first, it results in an ability to be agile and adapt quickly, and a strong sense of confidence in capability.” So, what’s her advice to someone considering the move? “Get in touch early with any contacts you may have in the country you are considering moving to. In London especially, there is such a strong Kiwi contingent who will all reach out and help a new arrival in a second.”

HOME COMFORTS FOR LONDON-BASED LAWYERS NZLawyer: What do you miss the most from home?

“The beaches. And hokey pokey ice cream.” – Jess Hogan “No matter where in New Zealand you are, a beautiful coastline, native bush or mountains and lakes will not be far away. We have such an abundance of unspoiled space right on our doorstep, and I feel like growing up in an environment like that plays a big part in the carefree, relaxed attitude of Kiwis. I really miss the much more open, friendly atmosphere and easy way of living that we have in New Zealand. But without a doubt, it is my family and long-time friends that I miss the most. There are some days I would give anything to be at the beach with my family, eating some fresh fish caught by Dad!” – Nicole Bardebes

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PROFILE

SAM MCLERNON

Top tier Kiwi solicitor goes green and gold A top-tier solicitor is playing in this year’s Rugby World Cup – the law version that is. Samantha Woodhill reports WHEN SAM McLernon pulls on an Australian jersey at the Law Rugby World Cup in October, this Auckland University half-back is sure to get a fairly justified hard time. But it’s not all in vain. McLernon, a Russell McVeagh solicitor, will accompany the Aussies on the paddock for the Law Rugby World Cup, an ad hoc

of Auckland a few years back, let alone the green and gold. But at least he’s not playing for South Africa.

Fierce competition Having played against teams of lawyers in the Russell McVeagh Rhinos, McLernon expects the competition to be pretty strong.

“Most lawyers are pretty well driven, and want to do well when you transfer that onto a field … they are all pretty naturally competitive people” Sam Mclernon, RUSSELL MCVEAGH addition to this year’s real thing. With his rugby roots stemming from junior days at Christchurch Rugby Football Club, McLernon is most concerned for his old man, who had a hard time seeing his son pulling on the blue-and-white hoops

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“I’ve been really impressed by the guys here, and I imagine that will translate to a national side,” he says. “Let’s be honest. Most lawyers are pretty well driven, and want to do well when you transfer that onto a field … they are all

pretty naturally competitive people.” This year will mark only the third in a short tradition of Law Rugby World Cup tournaments; the competition was initiated in Paris by a team of French lawyers in 2007, and then hosted by Scotland in 2009. Both competitions were won by the Scots. This year, the Cayman Islands has put forward a team, along with Italy, the US, Ireland, England, France and Scotland. McLernon is quietly confident. “If you look at the kind of players you get from New Zealand and Australia, they generally understand the game pretty well and our instincts are better than what I have seen from the UK players,” he says. “You’d imagine that a team from New Zealand and Australia, who understand the game and who’ve played a lot together, deal well with things that are thrown at them on the field.” And while he is fairly positive that a team

“If you look at the kind of [rugby] players you get from New Zealand and Australia, they generally understand the game pretty well and our instincts are better than what I have seen from the UK players”

of Aussies and Kiwis will do well against the competition, he says England may be the toughest team to beat on home soil. “I think England at home is always tough if you look to draw a line between what their professional squad goes like overseas and at home; their national team at home is always tough to beat, which concerns me for the World Cup later in the year, the real one.” The tournament draw is to be announced on 14 October, with pool games and finals to be held over the following two days.

Team bonding After New Zealand failed to put together a team due to lack of player interest and financing, McLernon was lucky enough to nab a spot on the Aussie team. And while he says playing for the Aussie lawyers’ team won’t rival playing for premier teams Otago and Auckland as the highlight of his rugby career, he looks forward to

playing alongside other lawyers. “I think this is going to be a highlight from a different perspective; it’s a really good opportunity to enjoy the social side of the sport,” he says. “I think that will be a real highlight from that perspective, to get overseas and play footy with a whole lot of guys who do similar

stuff to me in their day-to-day jobs, as well as having pretty similar interests outside of work.” The team will train for the first time together when they meet in the UK in October. Lucky enough to have nabbed six weeks’ leave, McLernon will watch the All Blacks play Argentina and Georgia, and all going well New Zealand in the World Cup quarterfinal, before heading off to explore Spain and Germany.

THE RUSSELL MCVEAGH RHINOS The Russell McVeagh Rhinos was established to get people together enjoying the game, but more importantly, serves as a chance to take on rival firms. “It is a great opportunity for younger people in the firm to meet senior people and for lawyers to mix with the business sectors of the firm, like finance staff for example,” says McLernon. Far from a petite affair, the Rhinos fronted up to College Rifles Rugby Football Club with 26 players, two managers and a physio last year to claim victory over Chapman Tripp and Meredith Connell, the tournament catchcry, ‘This is a No Poaching Zone’. The competition will go ahead again this year in October.

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BUSINESS STRATEGY

INFLUENCE

FOUR WAYS TO IMPROVE YOUR INFLUENCE We are all in the business of influence, but, instead of seeing it as manipulation, Tim Baker outlines how influence, when used ethically, can be an essential business tool INFLUENCE IS the lifeblood of business, especially for lawyers, who must influence the many stakeholders they deal with on a daily basis. However, the word influence means many things to many people. To some, it means being cunning, manipulative and tricky. Others see influence as ethical and open. In my view, influence is the power to make other people agree with your opinions or to get them to do what you want willingly and ethically. The key words here are ‘willingly’ and ‘ethically’. Sustainable influence is not an exercise in manipulation and trickery. In the context of sales, marketing and professional advice – areas that brokers regularly work in – influence is, more often than not, about persuading others to think and act in ways that benefit themselves and their circumstances. People make up their own minds, but they do so on the basis of how they are influenced. This is why influencing must be done from an ethical standpoint. My new model of influencing, the Influencing Capabilities Framework (see box on opposite page), identifies four primary ways that leaders can and do influence others. You will notice two styles – push and pull. The push style is more assertive, direct and upfront. The pull style, on the other hand, is more collaborative, indirect and subtle. Both are effective in the right place, at the right time, with the right people.

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INFLUENCING CAPABILITIES FRAMEWORK

US vice president Al Gore is an example of an investigator.

PUSH STYLE

PULL STYLE

APPROACH

Calculation

Investigation

Calculation

Logical

Motivation

Collaboration

Emotional

The two approaches are logical and emotional. The logical approach is based on fact, rationale, structure and clarity, whereas the emotional approach is based on inspiration, possibility and the ‘big picture’. Again, both approaches work in the right circumstances. So we end up with four distinct strategies: investigation, calculation, collaboration and motivation. Which one do you favour?

Investigation As a strategy of influence, investigation basi cally means gathering the facts and presenting them in a logical and convincing manner. The presentation of a coherent and assertive argument based on well-founded research is a powerful form of persuasion in the right set of circumstances. People usually are not convinced by someone who does not have a sound grasp of the facts, nor are they influenced by someone with wavering conviction or an incoherent presentation of his or her ideas. Then again, even if you are logical, coherent, assertive and well researched, that doesn’t necessarily guarantee that you will be persuasive. But these attributes are at least a good starting point. Brokers who have a preference for investigating like to search for supporting evidence and, from this data, generate hypotheses or ideas based on a logical, rational argument. Once investigators have prepared a well-founded case, they assert their ideas to others. Being well prepared, investigators are typically on solid ground to oppose others’ arguments. In other words, an investigator’s influencing ability is reliant on a carefully researched and assertively communicated case. Climate change campaigner and former

Calculation means to influence by clearly articulating the pitfalls of the status quo and demonstrating how those pitfalls can be overcome with a new proposal. Psychologists tell us that we are all motivated by pain and pleasure: we try to avoid painful situations as much as we can, such as being late for an important meeting we are chairing. Conversely, we gravitate to pleasurable experiences, such as pleasing our boss by finding the right information in

question motivators answer. Former civil rights activist Martin Luther King Jr was a motivator.

Collaboration The strategy of collaboration fundamentally involves influencing through trust-building and sharing the ownership of the leader’s proposal. Clients are more likely to be persuaded by a broker’s suggestion if they feel they have been genuinely consulted about it. By collaborating with others, the influencer is inviting the people he or she is influencing to be emotionally engaged and involved in the proposal. Clients feel they have a stake in the

Influence is, more often than not, about persuading others to think and act in ways that benefit themselves and their circumstances a timely manner. While this should appear obvious, we each have different ideas of what pain and pleasure are, so we interpret the significance of situations in our own way. A potentially painful situation for one person could be viewed as enjoyment by another. Brokers who are calculators are likely to talk up both the advantages and disadvantages of an approach. Former UK prime minister Margaret Thatcher was a calculator.

Motivation The motivation strategy, in essence, means to influence by associating an idea, change or proposal with a clear, compelling and common vision of the future. Brokers who can paint a convincing picture of the future and motivate people with that vision are generally inspirational and influential. Most great leaders have this aptitude. Unfortunately, from my observations, too many people get caught up in the minutiae of what they are doing. Consequently, they often forget to articulate the link between the proposal and the big picture. People in sales don’t always explain the why – why we are recommending this approach or portfolio. ‘How does what we are currently doing contribute to the big picture?’ is the type of

change and are subsequently more receptive to its merits. Through authentic collaboration, trust builds and influence increases. Collaborators create positive emotional energy. They are concerned with developing a sense of trust and engagement. Collaborators are consultative in their approach to problem-solving; they actively listen to others and are willing to share ownership of the outcomes through open communication. The influence of collaborators permeates from encouraging input and building higher-thannormal levels of confidence in colleagues. The late activist Mother Teresa was a collaborator. We each favour one of these strategies over the other three. The problem is that, from time to time, we will doubtlessly use the wrong strategy, either for the person we are trying to influence or the situation we are in. Outstanding persuaders and influencers use all four strategies in the right place and at the right time.

Tim Baker is a thought leader in organisational and leadership development, an international consultant and bestselling author of the book The New Influencing Toolkit: Capabilities for Communicating with Influence. For more information, visit winnersatwork.com.au.

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