Focus Industry

Retail

Your gateway to New Zealand. Investment, residence and the life that follows.

Innovation, customer experience and brand loyalty are crucial for success in the retail sector. Our retail law experts understand the challenges and opportunities faced by retailers, brands and franchises in this fast-changing environment. We provide practical and strategic advice on a wide range of legal issues affecting the retail sector, from corporate transactions and commercial contracts to logistics and transport, employment disputes and intellectual property protection.

We work with leading retailers, brands and franchises, both local and international, across various segments of the industry, such as fashion, food and beverage, health and beauty, home and lifestyle, and online retailing, and help our clients manage their risks and achieve their business objectives.

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Advertising and promotion

Advising on compliant advertising and promotional strategies for retailers, ensuring they understand their obligations under fair trading, consumer protection and advertising standards laws.

Intellectual property and brand protection

Advising on brand development and protection strategies, enforcing intellectual property rights, and commercial contracts including licensing trade marks.

Commercial contracts

Drafting, negotiating and reviewing various types of commercial contracts for retail clients, such as supply agreements, distribution agreements, franchising agreements, sponsorship agreements and online terms and conditions.

Technology and e-Commerce

Advising on e-Commerce and technology matters, including terms and conditions, data protection, cybersecurity and systems implementations.

Employment and health and safety

Advising on employment and health and safety matters, such as contracts, policies, disputes, redundancies, restructuring, disciplinary actions and workplace accidents.

Real estate and property

Advising clients on all aspects of property law, including leasing, buying, selling, developing and managing retail premises.

Dispute resolution and litigation

Representing clients in dispute resolution and litigation, both in court and alternative forums, such as mediation and arbitration. We handle disputes involving advertising and promotion complaints, product liability, breach of contract, defamation, intellectual property and other areas of law relevant to the retail sector.

Acquiring a residential property in New Zealand

There are three routes to residential property ownership in New Zealand for overseas persons, each of which requires you to apply for and obtain consent under the OIA before purchasing the property:s and progress in our sustainability journey so far.

"One home to live in" pathway

The "one home to live in" pathway under the OIA is suitable for you if you hold a residence-class visa or are an Australian or Singaporean citizen or permanent resident and you intend to permanently live in New Zealand and become a New Zealand tax resident. This pathway allows you to purchase any property in New Zealand as long as it will be your primary residence.

AIP visa pathway

If you hold or plan to obtain an AIP visa, the AIP visa pathway under the OIA will allow you to purchase or build a residential property in New Zealand for NZ$5 million or more, without requiring you to permanently migrate or transfer your tax domicile to New Zealand. This pathway comes with restrictions on the type of property you can buy; for example you won't be able to acquire a pure waterfront property with land area of more than 0.2 hectares, a property on an island with land area greater than 0.2 hectares or a rural lifestyle block with land area of more than 5 hectares.

Benefit to New Zealand pathway

This pathway under the OIA does not require the applicant to hold a residence visa or AIP investor visa or have any intent to migrate to or spend time in New Zealand. And there are no restrictions on the type of property you can acquire. But to obtain consent under this pathway you will need to establish that your investment in the property will deliver certain benefits to New Zealand, such as new employment, productive capital investment, increased exports of goods or services, and new or continued public access and/or environmental protection measures. Expert advice is required if you want to proceed down this route.

How we support you

Our overseas investment experts are highly experienced and adept at advising overseas investors who may not be familiar with the regime about how the OIA applies to you and your proposed property purchase. You can rely on us for clear and helpful advice so you fully understand what you need to do to comply with the rules, and to guide you through all stages of the consent preparation and application process with clarity and a minimum of fuss.

In particular our experienced experts will:

Advise you on how the OIA regime applies to your proposed purchase of residential property in New Zealand, including which consent pathway applies to you, what you need to do to meet the requirements of that pathway and the relevant costs and timeframes to obtain consent.
If you hold a residence-class visa or are an Australian or Singaporean citizen or permanent resident and you intend to permanently live in New Zealand and become a New Zealand tax resident, prepare and submit on your behalf a "One Home to Live In" OIA consent application.
If you are an AIP investor visa / 'golden visa' holder and wish to acquire a property under the >$5 million property purchase exemption, prepare and submit on your behalf an OIA consent application under that pathway.
Advise you on any consent conditions and ongoing reporting requirements.

As a one-stop shop for those interested in AIP investor visas ('golden visas'), we will connect you with our trusted network of specialist and expert immigration and tax advisers who can assist with obtaining your AIP visa and provide you with any New Zealand tax advice you may require. We will remain available to you, and to those advisors, to ensure seamless delivery of the advice you need.

Work Highlights

Acting for Lion NZ on sale and purchase of various on-premises outlets across New Zealand.
Advising several large retailers, both brick and mortar and online sellers, on Fair Trading Act issues, including Commerce Commission investigations.
Acting for Huffer on changes to its shareholding structure and operating dynamic.
Advising Emma Lewisham Limited on all aspects of its operating dynamic in NZ and its expansion into offshore markets.
Advising New Balance in relation to its New Zealand operations.
Advising On Running in relation to its New Zealand operations.
Advising Corys Electrical in relation to its New Zealand operations.

Wills, estates and succession planning

Acquiring assets in New Zealand, particularly real property, has implications for your estate planning that are worth addressing before your investment is in place, not after. If you are making a permanent move to New Zealand, establishing tax residency here, or simply acquiring property here while remaining based offshore, your existing wills, powers of attorney and relationship property arrangements should all be reviewed in light of that change. We advise on the full range of wills, estates and succession planning arrangements that must be considered, and ensure they work together to provide the best outcome.

How we support you

Preparing a New Zealand will that works alongside your existing offshore arrangements, ensuring your New Zealand-situated assets pass in accordance with your wishes
Advising on trust structuring and estate planning options for New Zealand-held assets, including how these interact with any existing offshore structures
Preparing New Zealand enduring powers of attorney covering property and personal care and welfare
Advising on the implications of New Zealand's relationship property regime, which applies to all property situated in New Zealand regardless of the owner's residency status, and on whether a contracting out (or prenuptial) agreement is appropriate for your situation
Reviewing existing wills, trusts and powers of attorney to ensure they remain effective once you are spending significant time in New Zealand or have established assets or residency here

About Anthony Harper

Anthony Harper is one of New Zealand's leading commercial law firms, with offices in Auckland and Christchurch. We advise international investors, high-net-worth individuals and family offices on complex cross-border transactions, and our experience with New Zealand's overseas investment regime is among the strongest of any firm in New Zealand.
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Our approach is commercially focused and genuinely collaborative. We take time to understand your goals, your existing structures and your timeline before advising on next steps.
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If you are interested in an AIP application, property acquisition or other investment into New Zealand, get in touch with our team.