Practice Expertise
Areas of Practice
WSG Practice Industries
Profile
I am internationally acclaimed financial services lawyer and deal maker, with extensive experience advising on investment funds, insurance, banking, FinTech, financial services regulation, and corporate governance.
The founder of MinterEllisonRuddWatts’ highly acclaimed Financial Services team, I advise many of New Zealand’s top financial institutions and boutiques. Major clients include ANZ Bank, ASB Bank, KiwiBank, TSB Bank, Westpac Bank, Aon, ANZ Investments, ASB Group Investments, Generate Wealth, KiwiWealth, Milford Asset Management, Pie Funds, and Sharesies. International clients include Klarna Bank and Sumitomo Mitsubishi Banking Corporation.
I have extensive experience in public offers, mergers and acquisitions (M&A), and restructuring projects, and also advise on securities regulation including the Financial Markets Conduct Act (FMCA), anti-money laundering and countering financing of terrorism (AML/CFT), bank and non-bank deposit-taker regulation (Banking (Prudential Supervision) Act and Non-Bank Deposit-Takers Act), and the Insurance (Prudential Supervision) Act.
Clients appreciate my deep technical knowledge of NZ law and commercial judgement, and how I always put my clients' interests at the forefront of everything I do.
Career highlights
- Advising Dai-ichi on its agreement to purchase Partners Life – Provided financial services regulatory advice on the NZ$1 billion transaction which will see Dai-ichi Life acquiring 100% of the shares in Partners Group Holding Limited, the parent company of Partners Life Limited.
- Sale of Aon NZ retirement savings business – Advising Aon NZ on the sale of its NZ$1 billion FUM retirement savings business (including Aon KiwiSaver) to Fisher Funds including transfer of shares in AonSaver Limited and Superannuation Nominees Limited and the assignment and/or novation of relevant contracts.
- Transfer of ASB Group Investments’ management of the Superannuation Master Trust – Advised ASB’s fund manager subsidiary, ASBGI, on the transfer to NZX subsidiary SmartShares Limited of the management rights of the ASB Superannuation Master Trust. The Trust includes more than NZ$1.8 billion in retirement savings from more than 17,500 members across more than 100 employer groups. The transaction involved the assignment and/or novation of relevant contracts, as well as compliance with the FMCA and FMA approvals.
- Governance, reputational and litigation risk in Environmental and Social Policy – Advising a major New Zealand financial institution on the corporate governance and disclosure risk inherent in the commitments made in its proposed Environmental and Social Policy. Advice included the adequacy of processes to manage that risk, including potential ‘greenwashing’ claims by regulators or activists if representations are unsubstantiated or insufficiently supported by internal processes and procedures.
- Resolving AML/CFT enquiries – Advised a major bank on a range of compliance issues in relation to their AML/CFT obligations including their engagement with a RBNZ review, advice on their prescribed transaction reporting obligations and international payments and assisting with resolution of issues with the RBNZ. Also advised a major broking platform on an FMA enquiry into AML/CFT obligations and successfully resolved the issues with a warning.
- Closing and winding up of Bonus Bonds – Assisting ANZ Bank with the closure and winding up of the NZ$3.2 billion Bonus Bonds managed investment scheme. The transaction involved an iconic publicly offered New Zealand scheme, and required strategic advice on a wide range of legal, governance and reputational issues, as well as liaison with the FMA and the supervisor.
- Responding to the RBNZ/FMA Conduct and Culture Reviews, and to BEAR implications in NZ – Assisting, separately, a major bank and a major life insurer on their responses to the RBNZ/FMA conduct and culture review of life insurers and banks, including the plans to address gaps identified by the review. Separately, advising an Australian bank in respect of the implications of the implementation of Australia’s Banking Executive Accountability Regime (BEAR) to its New Zealand subsidiary and accountable persons.
- FinTech and block chain – Advising a leading cryptocurrency exchange on all aspects of their business, including compliance with New Zealand financial services and AML/CFT law requirements. Also advising a block chain incubator on its engagement with regulators on the new Virtual Asset Service Providers’ AML/CFT regime and its application to utility tokens.
Awards and recognition
- Awarded Fellowship status by the Institute of Finance Professionals New Zealand Inc (INFINZ) for his work in law reform.
- Ranked Band 1 for Financial Services (previously Investment Funds), Chambers Asia-Pacific
- Hall of Fame – Investment Funds, The Legal 500 Asia Pacific
- Recognised for Corporate Law, Investment and Mutual Funds, by Best Lawyers
Affiliations
- Fellow, Institute of Finance Professionals New Zealand (INFINZ) Securities Law Review Working Group
- Director, Lawyers for Climate Action NZ Inc
- Member and sub-Committee Member, Financial Services Council
- Member, Investment Implementation Group, Toitu Tahua Centre for Sustainable Finance
- Former Chair and Board Member, MinterEllisonRuddWatts
- Former Director, The Banking and Financial Services Law Association Limited
- Former Director and Chair, Due Diligence Committee, AMP Services (NZ) Limited and AMP Superannuation (NZ) Limited
- Former Member, New Zealand Securities Commission
Areas of Practice
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