Consumer Markets

Wynn Williams supports clients in establishing a strong and enduring presence in the global marketplace as they enter new markets, scale wholesale, distribution and service networks, or go about building and protecting their brands and trade marks. We represent much-loved household names, global brands, manufacturers, franchisors, e-commerce businesses, logistics and freight providers, consumer services and retail networks. We are respected for our intuitive understanding of the nuances of consumer markets. The team draws on expertise from across the breadth of practice areas within the firm to support our clients on a day-to-day basis in their business operations. This helps in delivering milestone projects and realising long term strategic business goals, sometimes necessitating capital raising or acquiring competitors. We also work closely with in-house legal teams to deliver a seamless product, or form part of a project team.

When it comes to avoiding or resolving disputes, our strong advocacy skills and intricate understanding of consumer laws, including intellectual property and brands and trade marks, delivers optimum outcomes for our clients. When getting marketing campaigns across the line without undermining market position or stifling creative genius, we’re appreciated for our creative flare and collaborative approach to considering advertising standards and codes.

How we can help

We put all of our consumer market expertise towards supporting our clients and their businesses in a multitude of ways:

  • Advertising and marketing: Reviewing and advising on advertisements, therapeutic and health-related claims, packaging and labelling, trade promotions, social campaigns and marketing, making or responding to Advertising Standards Authority complaints.
  • Franchising, licensing and consumer facing agreements: Preparing and reviewing local and cross border agreements, modernising existing suites of documents to ensure compliance with consumer protection, disclosure, transparency and fair trading laws, managing document production and retail leasing portfolios.
  • Competition: Assisting with responses to Commerce Commission complaints, requests for information, and formal investigations, reviewing and advising on agreements, commercial practices, and documentation to ensure compliance with the Commerce Act.
  • Consumer protection: Reviewing and advising on a wide range of consumer-facing materials and agreements to ensure compliance with consumer protection laws such as the Consumer Guarantees Act and Fair Trading Act, providing guidance on statements and representations made to consumers, statutory disclosure requirements, warranty obligations, pricing compliance, food and beverages safety standards, and adherence to applicable product safety regulations.
  • Privacy and data protection: Advising on compliance with the Privacy Act and Privacy Principles in relation to the collection, use, storage and disclosure of consumer data, drafting privacy policies and data handling procedures for consumer-facing businesses, assisting with responses to privacy breaches and consumer complaints.
  • Governance: Advising on the development and implementation of governance frameworks to support best practices, regulatory compliance, and accountability.
  • Artificial intelligence: Advising on the ethical and legal use of artificial intelligence technologies in consumer products and services, guiding businesses on mitigating risks associated with artificial intelligence driven decision-making and automated interactions with consumers.
  • Intellectual property: Drafting, reviewing and negotiating various intellectual property agreements, including licences, sublicences, confidentiality and non-disclosure agreements, collaboration/joint development agreements, franchising, and licensing, advising on the protection, use and enforcement of copyright rights to safeguard creative assets.
  • Brands and trade marks: Advising on brand and trade mark strategy and management, conducting clearance and availability searches to assess risks associated with brands and trade mark use, managing brand and trade mark filings and registration processes in New Zealand, advising on brand and trade mark enforcement matters, including infringement, oppositions, and unauthorised use.
  • Litigation and disputes: Assisting to resolve disputes relating to misleading and deceptive conduct, false and unsubstantiated representations, unfair contract terms, unfair practices, confidential information, intellectual property, product liability, interference with IT systems and data, and restraints of trade.
  • Advising a medical services business on expansion to New Zealand, including corporate structure, brand and trade mark protection, supply chain, retail leasing, advertising, and regulatory compliance with competition and consumer laws.
  • Assisting as New Zealand legal provider to various global franchise brands operating in New Zealand, and advising the in-house legal and executive teams in connection with regulatory compliance, privacy and data protection, leasing portfolios, contract production and management, breaches of franchise and service agreements, disputes, enforcement action and brand and trade mark protection.
  • Advising a global quick-service restaurant brand with exploiting alternate channels to distribute products, including travel retail, inflight meals, grocery and delivery.
  • Advising listed global retail and service chain with over 400 outlets across AU/NZ in connection with its New Zealand retail leasing portfolio, regulatory compliance and franchise advice.
  • Assisting a global cosmetic and appearance medicine system to launch in New Zealand by leading the transactions for the acquisition of several clinics, preparing the suite of franchise documentation and advising on regulatory compliance with therapeutic advertising laws.
  • Advising a meat processing plant in connection with supply chain contracts, reviewing insurance liability, managing risk, pursuing new supply and distribution opportunities, food safety, advertising, marketing and consumer laws.
  • Advising a multinational digital platform on compliance with New Zealand advertising, marketing and consumer laws, including reviewing promotional collateral and pricing claims.
  • Assisting a multinational hotel chain in updating and strengthening its commercial accommodation agreements and running workshops with the national finance team on contracting fundamentals and mitigating risk within their business.
  • Advising a New Zealand natural supplement provider on the application of New Zealand regulations to the launch of a new product to New Zealand, including consideration of medical regulations, therapeutic advertising laws, privacy laws and other consumer laws.
  • Supporting a client’s newly established offshore sourcing office through leading the legal negotiations with South-East Asian manufacturers for the direct sourcing of goods to New Zealand and Australian businesses.
  • Preparing international licencing and distribution agreements for the expansion of a leading New Zealand food supply brand into offshore markets.
  • Assisting a well-renowned fitness franchise with the preparation of a comprehensive suite of documentation, including membership terms and promotional materials, and providing general consumer law advice.
  • Assisting an award winning international architectural practice with the review and preparation of its consumer-facing agreements, enforcement of intellectual property rights, and development of governance frameworks including internal policies such as an artificial intelligence policy.
  • Supporting a leading supplier of fuel solutions with its competition law matters, including liaising with the Commerce Commission in response to regulatory enquiries, and reviewing consumer-facing agreements and documentation to ensure compliance with competition laws.
  • Managing the entire brand and trade mark portfolio of a leading transport company in New Zealand, including its subsidiaries.

Key Contacts

Katrina Hammon

Partner

Danita Ferreira

Senior Associate