Consumer, regulatory and compliance

Bell Gully's Consumer, Regulatory and Compliance (CRC) team delivers strategic advice and commercial support for businesses facing a constantly evolving regulatory environment.

The CRC team's expertise covers a wide range of core compliance frameworks, including privacy, retail and ecommerce, social media, payments, consumer credit, financial services and cyber security, as well as evolving areas of regulation such as emerging technology, ESG and modern slavery.

We assist our clients to keep ahead of regulatory change to maximise opportunities and to address key regulatory and compliance risks. With a multi-specialist team, working with subject matter expects, we are able to identify trends and themes across different industries, regulators and regulatory frameworks.

We are highly experienced in assisting clients with the full range of their CRC needs, including:

  • Preparing for and submitting on upcoming regulatory change.
  • Designing comprehensive compliance and risk management programmes.
  • Structuring commercial partnerships and negotiating commercial contracts to allocate regulatory obligations and leverage opportunities (for example, data sharing).
  • Engaging with regulators on new products and to clarify obligations, as well as in response to complaints and investigations.
  • Responding to compliance issues and assisting with pro-active reporting of breaches, including mandatory breach notification under the Privacy Act.
  • Advising on emerging technology and regulation (such as ESG, payments and modern slavery).
  • Training in house legal and operational teams on practical aspects of regulatory compliance, updates on new case law, and enforcement trends.

Richard Massey: Playing regulatory chess with AI

Rosemary Wooders: Employers' new challenge: AI's use through the employment life cycle

Work highlights

Commerce and digital strategy

  • Advising various clients on e-contract issues including the design of click-wrap contracts and related Unfair Contract Terms considerations, e-signatures, email contracts and variations to online terms.

Payments and consumer credit

  • Advising various lenders on all aspects of CCCFA compliance (including responsible lending, disclosure, fee restrictions, and the new due diligence duty introduced in December 2021) and related financial services registration obligations.

Retail, FMCG and loyalty programmes

  • Advising international retailers and consumer goods suppliers on entry into the New Zealand market and ongoing consumer, technology and privacy matters, including Oculus, Airbnb, H&M, Apple and David Jones.

Telecommunications

  • Advising various connected vehicle service providers on applicable surveillance and telecommunications obligations, including the scope of obligations and levies under New Zealand’s telecommunications regulation.

Incident response and investigations

  • Acting for various consumer-facing clients in response to investigations by regulators (including the Commerce Commission, the Office of the Privacy Commissioner, the FMA, and the SFO) relating to Fair Trading Act, CCCFA and Privacy Act issues.

Testimonials

Our CRC team is led by Laura Littlewood and Richard Massey, together with subject matter experts.

The Legal 500 Asia Pacific 2021 recommend Laura Littlewood as a leading technology lawyer in New Zealand, described by clients as "invaluable" for their business, “a pleasure to deal with” and "skilled in providing commercial, practical outcomes and advice, particularly in relation to digital strategies, innovations and disruptive technologies." Laura Littlewood is recognised for privacy and data security law in Best Lawyers 2022, and in the NZ Lawyer Elite Women 2021.

Richard Massey is described in NZ Lawyer as “an expert in consumer law matters and regulatory investigations" with “a strong reputation as a trusted advisor.” In The Legal 500 Asia Pacific 2021, a client recommended Richard for his "ability to digest complicated matters quickly to help problem solve” and “clear and pragmatic advice.” He was described in a previous edition as having “an in-depth knowledge of the law" and was recognised in NZ Lawyer's inaugural 'Rising Stars' list.