Our Work

2008

Sustainability in the New Zealand wine industry

Bell Gully continues to advise NZ Winegrowers on all their legislative and policy requirements, including proposed amendments to the Sale of Goods Act which would exempt winemakers from application of the provisions of the Act in relation to cellar door sales. We also advised on the development of a ground-breaking guidance note on the wine industry to enable a nationwide approach to resource management planning and assist district and regional councils to address winegrowing resource management issues. For further details click here. Bell Gully was recently instructed by the Ministry for the Environment to undertake further research and update the guidance.

Te Arawa Treaty of Waitangi settlement with the Crown
Bell Gully acted for Te Arawa on its Treaty of Waitangi settlement with the Crown. This settlement was challenged by two major Maori organisations (New Zealand Maori Council and Federation of Maori Authorities). Bell Gully successfully defended the settlement in both the High Court and the Court of Appeal, which was to be the subject of a final appeal to the Supreme Court. This case is seen as a very important constitutional case concerning the relationship between Maori and the Crown and, in particular, whether the Crown owes Maori generally a fiduciary duty.

Judicial Review of PHARMAC's Herceptin decision
Bell Gully acted for PHARMAC (New Zealand's drug buying agency) on a judicial review by a group of breast cancer sufferers challenging PHARMAC's decisions around Herceptin, a pharmaceutical for the treatment of a particular kind of breast cancer (HER 2 positive breast cancer). A nine-week course of this pharmaceutical is publicly funded in New Zealand for HER 2 positive early breast cancer.

NZ Transport Agency
Bell Gully continues to advise the NZ Transport Agency on strategic policies and environmental issues pertaining to land transport.

Legislation to merge two State-owned Enterprises
Bell Gully advised a Working Group comprising directors of two State-owned Enterprises (SOEs), AgriQuality Ltd and Asure New Zealand Ltd, on legislation to allow the shareholding ministers to direct AgriQuality not to provide meat inspection services (legislation being needed to override the Commerce Act), and to establish mechanisms enabling a merger of the two SOEs.

New Zealand Thoroughbred Racing Inc (NZTR) re-write of Rules of Racing
NZTR is the governing body of thoroughbred racing in New Zealand and has a legislative right to implement Rules to govern thoroughbred racing in New Zealand. Bell Gully assisted NZTR to re-write its Rules and carry out the related consultation process with all interested parties for the proposed amendments to the Rules.

New Zealand's Emissions Trading Scheme
Sole legal adviser to New Zealand's Ministry for the Environment on commercial legal issues associated with the development of the proposed Emissions Trading Scheme (ETS) in New Zealand. This advice built on the firm's previous advice to the Ministry of Economic Development on the design of the legal framework for emissions trading.

2007

Ministry of Defence - Boeing 757 modifications
Bell Gully advised the Ministry of Defence over the modification of the two Boeing 757s owned by the Crown and operated by the Royal New Zealand Air Force. The NZ$100 million modification programme saw us advise the Ministry of Defence on contractual issues and assisting in negotiating the three contracts required for the US-based work.

PHARMAC influenza vaccine issues
Bell Gully advised PHARMAC on issues arising from a manufacturing error by the sole subsidised supplier of influenza vaccine to New Zealand. The error, which was identified shortly before supplies of influenza vaccine for the New Zealand winter were supposed to be distributed, meant that New Zealand was left without supplies to immunise the sick and elderly against the prevalent strains of influenza. We advised on contractual issues associated with procuring replacement stock of influenza vaccine from several other suppliers and distribution of this replacement stock. We also acted for PHARMAC against the manufacturer of the original vaccine, Sanofi Pasteur, to achieve a settlement.

Ministry of Health contracting for supply of pandemic influenza vaccine
Bell Gully advised the Ministry of Health on contractual issues around securing supply of prototype and pandemic vaccine in the event of an influenza pandemic.

Department of Internal Affairs Electronic Monitoring System for gaming sector
Bell Gully advised the Department of Internal Affairs on contractual aspects of an initiative to bring greater accountability in community fundraising through the gaming sector in New Zealand. The Department signed a NZ$35million contract with gambling technology company Intralot New Zealand Limited for the provision and operation of an EMS for all gaming machines in pubs and clubs.