MinterEllisonRuddWatts

MinterEllisonRuddWatts

Welcome to the MinterEllisonRuddWatts' podcast library. Here you will hear from some of New Zealand’s leading lawyers on the latest trends, topics and issues impacting New Zealand businesses today. 

  1. Tech Suite | New Zealand as the next data centre frontier

    8月24日

    Tech Suite | New Zealand as the next data centre frontier

    Send us your feedback In this episode, Technology Partner Tom Maasland and Senior Associate Jess Bremner, discuss the opportunities and challenges in New Zealand’s fast-growing data centre infrastructure sector. [01:34] Tom and Jess consider why global investors are looking beyond traditional data centre markets and how New Zealand’s abundant renewable energy, natural cooling, and land availability are making it a prime destination for sustainable, large-scale data centre developments. [03:16] Jess discusses the scale of power demands of modern data centres, comparing it to household energy use and highlighting why access to reliable, clean power is the biggest constraint on global growth. She outlines how New Zealand’s energy mix offers a unique advantage in meeting these demands sustainably. [05:23] Tom discusses New Zealand’s strong domestic and international latency and connectivity, highlighting the role of submarine cables like the Southern Cross, Hawaiki and proposed Southern Cross Next and Tasman Ring Cables. He and Jess then consider the need for increased fibre backhaul investment to unlock regional opportunities in areas like Otago and Southland. [07:17] They examine how New Zealand’s robust data protection and sovereignty frameworks, under the Privacy Act 2020 and supported by its GDPR adequacy status, help build trust with global clients seeking secure hosting locations. [08:17] Tom and Jess consider the economic impacts of data centre growth, from foreign investment and hyperscaler activity to job creation, skills development, and uplift across sectors such as AI, gaming, medtech, and fintech, driven by improved local hosting capacity. [12:08] They go on to discuss what’s needed for New Zealand to compete on the global stage while effectively managing the risks, including infrastructure upgrades, workforce strategies, streamlined regulation, incentives to attract hyperscalers, and a coordinated national approach to position New Zealand as a leader in sustainable digital infrastructure. [15:34] Lastly, Jess explores how proposed regulatory changes to the Resource Management Act 1991 and the Overseas Investment Act 2005 could influence the pace and appeal of future data centre development, with Tom highlighting how this aligns with the Government 'open for business' agenda for New Zealand.   Information in this episode is accurate as at the date of recording, 1 August 2025.   Please contact Tom Maasland, Jess Bremner or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode. Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts.  You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.     Additional resources Unlocking the potential: New Zealand’s data centre industry For show notes and additional resources visit minterellison.co.nz/podcasts

    20 分钟
  2. 8月13日

    Judgment Junction | Shareholders lose their right of access to a company's legal advice

    Send us your feedback In this episode of Judgment Junction, Litigation Partner Jane Standage and Senior Associate Olivia de Pont, discuss the Privy Council's recent decision in Jardine Strategic Holdings Ltd v Oasis Investments II Master Fund Ltd No 2 [2025] UKPC 34. This landmark ruling confirms that shareholders do not have the right to access a company's privileged legal advice.  The discussion covers the historical context of the "shareholder rule," its criticisms, and the implications of this decision for company directors and shareholders, particularly in the context of increasing shareholder litigation and ESG-related actions. [00:14]: Jane and Olivia set the stage for discussing the Privy Council's decision in Jardine Strategic Holdings Ltd v Oasis Investments II Master Fund Ltd No 2 [2025] UKPC 34 [00:53]: Olivia explains the historic "shareholder rule," which allowed shareholders to access their company's legal advice unless it related to hostile litigation against them. Olivia outlines the two essential ideas that the rule is based on: Shareholders indirectly paid for the company's legal advice.The analogy between the company-shareholder relationship and the trustee-beneficiary relationship.[01:47]: Olivia discusses the increasing criticism of the rule, noting the imperfect analogy with trusts since companies have their own legal personality. [02:02]: Jane and Olivia discuss the Privy Council's rejection of the "shareholder rule," aligning with the English High Court's stance in Aabar Holdings SARL v Glencore PLC [2024] EWHC 3046. Shareholders do not have the right to access a company's privileged legal advice. [02:47]: The discussion moves to the implications of this decision for company directors, especially in the context of increasing shareholder litigation. They highlight the growing trend of shareholders buying shares to bring actions against companies, particularly in the ESG space, as seen in the ClientEarth v Shell plc [2023].  [03:17]: Jane and Olivia discuss the rise of shareholder class actions, with examples from Australia, including proceedings against Mineral Resources, Medibank Private Limited, Fleet Partners, Blue Sky Alternative Investments, and FNZ. [04:17]: Jane and Olivia explain that the Privy Council's decision will help protect the sanctity of privilege in companies' legal advice, providing a tool for directors to fend off demands for access to privileged material. They note the potential impact on New Zealand courts in the coming years.   Information in this episode is accurate as at the date of recording Wednesday, 6 August 2025. Please contact Jane Standage or Olivia de Pont or our Litigation team if you need legal advice and guidance on any of the topics discussed in the episode. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

    5 分钟
  3. Tech Suite | Privacy reform: Preparing for IPP 3A

    8月10日

    Tech Suite | Privacy reform: Preparing for IPP 3A

    Send us your feedback In this episode, Privacy experts Richard Wells and Suzy McMillan discuss the Privacy Amendment Bill, with a focus on the proposed introduction of Information Privacy Principle (IPP) 3A. [01:12] Suzy explains the background and rationale for the introduction of IPP 3A, which is intended to increase data transparency in relation to the indirect collection of personal information and reduce a gap in New Zealand’s privacy laws under the Privacy Act 2020. [04:47] Richard highlights how the reform has also been driven by the need to preserve New Zealand’s ‘adequacy’ status under the EU’s General Data Protection Regulation (GDPR). [06:40] They explore how IPP 3A will operate, mirroring the IPP 3 disclosure requirements in many respects, but introducing additional obligations and specific exceptions that organisations must understand when handling indirectly collected personal data. [08:40] Suzy and Richard review the draft guidance on IPP 3A recently issued by the Office of the Privacy Commissioner (OPC), which emphasises the need for detailed and specific notifications. Agencies will need to clearly state the type of information collected, its purpose, and name the particular recipients, rather than relying on more generic use cases and terminology, or classes of agencies. [12:50] Suzy explains the key exceptions that apply in the application of IPP 3A, when they might reasonably be relied on and how these have been interpreted in the OPC’s draft guidance. [17:45] Richard and Suzy conclude the episode by outlining some key steps organisations should focus on to ensure compliance with IPP 3A when it comes into force on 1 May 2026, including updating data registries, identifying direct and indirect data collection sources, and engaging in a collaborative process with collecting agencies in relation to updating contractual terms and privacy policies. Information in this episode is accurate as at the date of recording, 26 July 2025. Please contact Richard Wells, Suzy McMillan or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode. Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here. For show notes and additional resources visit minterellison.co.nz/podcasts

    20 分钟
  4. Tech Suite | Managing troubled tech projects

    8月3日

    Tech Suite | Managing troubled tech projects

    Send us your feedback In this episode, Jane Parker and Hannah Jaques, share practical legal insights on how to effectively navigate tech project disputes. [00:30] Jane and Hannah begin by outlining the initial steps parties should take when signs of tech project trouble begin to appear, such as cost overruns, technical failures, or deviations from the contract. [01:48] Jane highlights the importance of reassessing operational objectives from a commercial perspective once a dispute arises, and how this reassessment can shape the approach to resolution. [04:07] Hannah emphasises, that from a litigation perspective, finding “solid ground” is crucial. This begins by understanding what was contractually agreed (including any contractual variations) to frame the legal context of the issues. [05:08] Jane and Hannah discuss best practices for managing internal and external communications during a dispute to safeguard a party’s legal position and support a favourable outcome, highlighting the roles of discovery and legal privilege in this process. [11:20] Hannah and Jane assess the strategic and legal risks associated with some practical resolution approaches, including withholding or demanding payment, de-scoping or re-scoping timelines and deliverables, and engaging in “without prejudice” discussions. [15:21] They discuss the legal intricacies of termination rights and the risks of getting it wrong, especially when alleging material breach. They stress that obtaining legal advice is the key to avoid inadvertently triggering your own liability. [16:00] Finally, they examine the role of formal dispute resolution mechanisms in tech disputes, considering how factors like confidentiality, timing, and enforceability should inform strategic decision-making. Information in this episode is accurate as at the date of recording, Wednesday, 3 July 2025. Please contact Jane Parker, Hannah Jaques or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.  For show notes and additional resources visit minterellison.co.nz/podcasts

    22 分钟

关于

Welcome to the MinterEllisonRuddWatts' podcast library. Here you will hear from some of New Zealand’s leading lawyers on the latest trends, topics and issues impacting New Zealand businesses today. 

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