MinterEllisonRuddWatts

It’s great to be at New Zealand Insurance Law Association (NZILA)’s Regeneration | Whakahounga 2024 Conference at the Te Pae Christchurch Convention Centre this week. We’re looking forward to hearing Dr Franziska Arnold-Dwyer’s insights into climate change and the law – a session we’re proud to sponsor. Our team would love to connect with you if you’re attending. Please get in touch with one of the team below. Andrew Horne, Nick Frith , Hannah Jaques and Olivia de Pont #NZILA #insurancelaw #insurance #climatechange

The Local Government (Water Services Preliminary Arrangements) Act 2024 (Act) was passed this week, starting the clock for submission by councils of their water services delivery plans by 3 September 2025. Our Infrastructure experts highlight the key aspects of the water services delivery plans and the new Act. Read more: https://lnkd.in/gS28Aw_D Sarah Sinclair, Andrew Monteith, Lisa Curran, Jordan Oldham and Daniel Fielding #government #localwaterdonewell #helpingshapenewzealandsfuture

We were pleased to partner with Financial Services Council New Zealand on its latest research report 'Money and You: Consumer Resilience and the Road to Prosperity', which shows that short-term financial strain is threatening emergency and retirement savings. Partner Lloyd Kavanagh, who contributed to the report commented, “it’s undeniably tough out there, and people are prioritising immediate needs over future security. This is exacerbated in tough economic times like these, as finances are stretched and saving for retirement can often take a back seat, but it continues to be important to build a nest egg if you can.” Read the report: https://hubs.la/Q02NxsGs0 Read the media release: https://hubs.la/Q02NxsGs0 #financialservices #kiwisaver #FSC24 #helpingshapenewzealandsfuture

We’re looking forward to the Financial Services Council New Zealand's 2024 conference which opens tomorrow, and where we will be the research partner.   The In the Spotlight session on Wednesday (4 September) sees Partner Lloyd Kavanagh sharing insights on the latest FSC Money and You Research, and Partner Jeremy Muir will also be speaking at the Investment and KiwiSaver breakout session. If you’re attending, please come and say hello. Claire Brabant and Sam Short #FSC24Conference #financialservices #helpingshapenewzealandsfuture 

Kei te Kiingi Maaori, Tuuheitia Pootatau Te Wherowhero VII, moe mai raa. Kei te kaahui ariki, kei te whaanau pani, ko ngaa whakaaro nui ki a koutou katoa.   We are saddened at the passing of the Maaori King, Kiingi Tuuheitia. Our thoughts, aroha, and condolences to his family, hapuu, iwi, and the multitudes who are mourning this great loss. Moe mai raa.

PODCAST: In our latest Tech Suite podcast, Corporate and Commercial Partner Richard Wells is joined by Senior Associate Sarah Redding to discuss the fundamentals of limitation liability clauses. They discuss how to interpret and negotiate these clauses (including potential pitfalls), and why it’s important to strike a contractual balance of fairness when using these types of clauses. Listen: https://lnkd.in/gNVdhDPx Or search ‘Tech Suite’ or ‘MinterEllisonRuddWatts’ wherever you get your podcasts. #techsuite #liabilityclauses #negotiation #commercialcontracts

MinterEllisonRuddWatts has advised Tourism Holdings Limited (thl) on its NZD475 million refinancing of its corporate debt facilities. This refinance introduces two new lenders to the syndicate and increases the facility size by NZD225 million. Banking Partner Kate Lane, Solicitor Jessica L. and Law Clerk Tomas Roche advised thl on all aspects of the refinancing, which rebalances thl’s funding sources towards bank debt as its primary source of funding, supported by select asset financiers. Kate Lane said: “We were delighted to support our long-standing client Tourism Holdings with its recent refinance. This new structure provides greater funding capacity and flexibility which enables thl to consolidate the number of asset finance facilities inherited through the Apollo merger. It also demonstrates the strength of its global business.” thl’s Treasurer, Bruce Macdonald, commented: “We are thrilled to have a executed a refinance that will be the cornerstone of thl’s funding for many years to come. The team at MinterEllisonRuddWatts have done a great job as usual.” #refinancing #tourism #helpingshapenewzealandsfuture

We were delighted to host AMINZ Construction Day yesterday to discuss the utility of arbitration in resolving construction disputes. Our top 10 takeouts from the event are:   • The Arbitration Act 1996 offers flexibility that could be utilised more than it is. There is a tendency to default to the High Court Rules rather than consider the most effective procedure for the arbitration.   • Lawyers should adopt an approach to discovery and evidence preparation that is proportional to the size and complexity of the dispute.    • Understanding the case and clearly articulating this to the arbitrator and opposing parties is key. Parties should aspire to build a strong understanding and clear theory of the case as soon as possible. This can be challenging in construction disputes, where the document burden is heavy and issues can be complex.   • Businesses involved in construction disputes have considerations beyond simple cost-benefit analysis, including availability of project personnel, impact on staff, commercial relationships, and market perception. • Lawyers should endeavour to understand the client’s business, how it operates, its commercial objectives and core values. Appreciating the context and the relative pressures on each party should assist in achieving better outcomes.    • Recent case law suggests there is scope to seek interim relief to prevent a party from suspending or terminating a construction contract, but this may not be as far-reaching as it appears. Each case will turn on the facts and relief of this nature will likely be available only in exceptional circumstances.   • Contract interpretation is not simple and may involve considering evidence of the parties’ pre-contractual discussions and post-execution conduct. It can be difficult to determine the relevance of this evidence at the preliminary stages of a dispute proceeding.   • Decision-makers value clear, concise and well-organised case presentation that addresses the relevant facts, law and application, while avoiding personal attacks, emotive language and irrelevant material.   • Serious consideration should be given to whether to engage an expert witness and, if so, what kind of expert is required. Experts can be invaluable in assisting the decision-maker but sometimes adopt adversarial positions or tender evidence that is irrelevant or contains substantial submission.   • While measures can be taken to reduce the costs of arbitration and adjudication, these processes can still be prohibitively expensive for smaller industry participants and access to justice remains a live issue for the construction sector.   Our construction experts have published a comprehensive article series on construction arbitration. Read more: https://lnkd.in/gHGYFhuU   Janine Stewart, Matthew Ferrier, Stephen Price, Scott B Thompson, Deborah Rowe, Kate Muldrew, Grant de Lisle, Jessie Kang, Oscar Read, William Turner #construction #arbitration #AMINZ

Good luck to all the finalists at tonight’s New Zealand Energy Excellence Awards, especially those who have all contributed to our Zero In series to date:   Mercury NZ: Energy Retailer of the Year Finalist Northpower: Energy Distributor of the Year Finalist, Community Initiative of the Year Finalist, Well-being Award Finalist Hiringa Energy: Low Carbon Future Award Finalist Ara Ake with Kāinga Ora - Homes and Communities: Energy Project of the Year   Our Zero In series discusses the opportunities and challenges leading organisations are encountering and overcoming on their (and New Zealand’s) decarbonisation and sustainability journey.   Read more: https://lnkd.in/dYQ2SfgF   We look forward to celebrating with New Zealand’s energy sector tonight. Natasha Hood, John Conlan, Scott B Thompson, Stephanie de Groot, Kate Cruickshank   #ZeroIn #decarbonise #netzero #energyexcellenceawards #helpingshapenewzealandsfuture

It was a pleasure to host and sponsor the AMINZ Construction Day today, where industry leaders, legal experts and ADR professionals came together to discuss the latest developments, trends and best practices in the construction industry.   Moderated by Senior Associate Kate Muldrew, Partner Janine Stewart was joined by Hon Rhys Harrison KC and Fulton Hogan General Counsel, Reece Poutawera for a panel discussion into effective arbitration strategy. The panel discussed the importance of robust objectives, strategy and case theory and how these can ensure efficient and timely resolutions. They also discussed the arbitration approach from the perspective of a lawyer, decision maker and litigant.   Solicitors Jessie Kang and Oscar Read also joined a panel discussion to update on recent cases, examining termination and bonds. #construction #arbitration #AMINZ #helpingshapenewzealandsfuture