Food and beverage

We have broad experience advising clients in the New Zealand food and beverage industry.  Our experience is a result of many years working with a range of businesses, from niche New Zealand brands, to high profile international brands such as Nestlé, Arnotts, and Zespri. 

We have completed some of the largest acquisitions in New Zealand's food and beverage sector, including Frucor Beverages and Independent Liquor.

We advise clients on all issues associated with the food and beverage industry, ranging from industry and regulatory compliance, commercial contracting, mergers and acquisitions, and dispute issues.

We regularly advise both New Zealand and international clients on:

Acquisitions and franchising

• Planning and facilitating acquisitions of food and beverage businesses, including:
  • preparing and negotiating sale and purchase agreements
  • advising on takeover law
  • undertaking due diligence for both vendors and purchasers
• Structuring and implementing franchising and licensing arrangements
• Acquiring and leasing plant and machinery and commercial and industrial land, including obtaining environmental permits.

Structuring investments and negotiating agreements

• Structuring investments, including joint ventures and partnerships (and limited partnerships) and advising on appropriate tax planning
• Structuring and negotiating co-packing and third-party manufacturing agreements, procurement, distribution, sales and supply chain agreements.

Branding and marketing

• Developing branding strategy, including trademark, patent and copyright protection, and supporting intellectual property rights by managing disputes and conducting intellectual property audits
• Marketing and promotional activities, including sponsorships, advertising, endorsements, pricing strategies and competitions.

Employee benefits and rights

• Navigating employment law and health and safety regulations, including employee benefits and issues around the protection of vulnerable employees.

Compliance, law, and regulations

• Ensuring compliance with consumer protection laws, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the Commerce Act 1986
• Preparing permit applications and advising on regulatory compliance for manufacturing, importing, exporting, distribution and advertising, including food labelling and liquor licensing
• Gaining regulatory approval under the Overseas Investment Act 2005.