Our Commercial Team is well-known for its experience, technical skills, and practical advice. We work with large and small businesses on a range of opportunities and problems, including many of the region’s most prominent transactions and deals.

Our Commercial Team works closely with our Māori Legal Team to support post-settlement governance entities in their administration of property and commercial interests.

Company law is the foundation for many successful businesses, but has many traps for the unwary. Our team of experts can provide advice on a range of company law matters, including:

• Company incorporation.
• Company restructuring.
• Shareholders’ agreements.
• Share transactions.
• Succession planning.

Commercial contracts can range from a standard form to a highly customised document. We have specialised knowledge in commercial contracts. Our team of experts can assist you with:

• Negotiation and preparation.
• Advice on interpretation.
• Supply and distribution agreements.
• Terms of trade.

All business transactions require careful attention to detail in all areas of the process. We have experience on a wide range of business transactions, with particular skill in complex merger and acquisition transactions. Our team of experts can assist you with:

• GST.
• Employment.
• Leases.
• Due diligence.
• Warranties.
• PPSR charges.

The primary and farming sectors are under increasing regulatory pressure and scrutiny and the ownership structures involved in agribusiness are becoming increasingly complex. Our team of experts can assist you with:

• Sale, purchase and lease of farms.
• Sale, purchase and lease of livestock.
• Rural dispute resolution.
• Succession planning.
• Share-milking contracts.
• Equity partnerships and syndication.
• Restructuring.
• Rural financing.
• Health and safety.
• Regional Plan and Resource Management Act.

Finding the right capital can be a challenge for many businesses.  Raising debt or equity funding is highly regulated in New Zealand. Our team of experts can assist you with:

• The scope of the Securities Act.
• Working through exceptions.
• Offer documents including prospectuses.

View Thomas Gibbons' Financial Markets Conduct Act 2013 presentation.

Joint ventures (JVs) arise in many contexts and take many forms. More recently, limited partnerships are regularly used as the preferred JV structure. We can advise on and prepare all kinds of partnerships and JVs.

Read Thomas Gibbons' Limited Partnerships article that appeared in NZLawyer in January 2013.

While related to company law, effective governance requires attention in a range of areas.  Our experts have extensive governance experience, and can help provide practical as well as legal guidance.  Our team of experts advise a range of commercial and charitable boards and directors on:

• Directors’ duties.
• Risk management.
• Shareholder remedies.

We also have specialist knowledge in Māori governance issues.

We have a long history of community involvement and act for charities and not for profit organisations on a range of matters. Our team of experts can assist you with:

• Charitable registration.
• Drafting society rules and charitable trust deeds.
• Rule interpretation.
• Governance.

It may seem straightforward, but the relationship between franchisor and franchisee is often incredibly complex. This is certainly true when the business does not operate as successfully as you may have anticipated. Our team of experts can advise on:

• Drafting, reviewing and providing advice on franchise agreements.
• Structuring.
• Code of practice compliance audits.
• Leasing and licencing issues.
• Sale and changeovers.

Our team recognises that intellectual property (IP) is a key asset for most businesses.  Understanding the options available to safeguard your competitive advantage is crucial to ensure your value and your business assets are protected. Our team can help you with:

• IP licencing.
• Registration of trade marks.
• Protection of IP rights.
• IT contracts.
• Copyright law.
• Confidential information.

We understand that many of the commercial issues for iwi and Māori businesses have a unique cultural aspect and context.

Our in depth knowledge of the Treaty settlement process, Crown policies relating to post settlement governance entities and our recognition of tikanga and iwi dynamics enables our team to advise iwi, Trusts and other rōpu on:

• The establishment of post settlement governance entities.
• Robust reviews of post settlement governance entities, including direct engagement with key stakeholders as required.
• Advising on various structural arrangements to best manage assets whilst achieving iwi aspirations. 
• Best practice advice and policies for governance.