Digital and technology

In this environment, clear, pragmatic contracting is fundamental to delivering digital strategy at pace while managing risk.

Bell Gully’s technology team advises across the full lifecycle of technology transactions and programmes, from early stage scoping to negotiation, delivery, optimisation and exit. We are involved in many of New Zealand’s most significant digital initiatives and bring deep market insight on positions that strike the right balance between commercial outcomes and risk allocation.

Our work focuses on technology procurement and complex contracting, including software development and implementation, SaaS and cloud services, platform and infrastructure arrangements, systems integration, managed services and outsourcing, AI and automation deployments, telecommunications and network services, and technology joint ventures and ecosystem partnerships. We regularly advise on technology aspects of M&A and corporate transactions, including transitional services, IP and IT separation, licensing and post completion service arrangements.

We draft and negotiate the full suite of technology contracts: Master Services Agreements and statements of work, development and agile delivery frameworks, licensing and support, availability and service levels, acceptance and milestone regimes, data migration and interoperability, change control and governance, security and resilience undertakings, exit and transition plans, and dispute resolution mechanisms tailored for complex delivery environments. We also help clients design vendor management, assurance and escalation frameworks that keep major programmes on track.

Our technology team works closely with our privacy and cyber specialists to ensure contracting reflects regulatory requirements and best practice security standards. For matters relating to privacy, data protection and cybersecurity - such as privacy impact assessments, data processing terms, international data transfers or incident response - please see our dedicated Privacy and Cybersecurity page.

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Customs Service and MPI procurement

Advising on a replacement passport e-Gates system and associated infrastructure at New Zealand's points of entry, and on a new "Exit Marshall system" to streamline biosecurity clearance processes for inbound passengers and to expedite movement of passengers across the border.

Te Ara Poutama Department of Corrections

Advised on the procurement of electronic security and associated systems (ESAS) for its non-custodial sites (community sites and regional offices), and on the procurement of a new contract for an end-to-end electronic monitoring solution for the use in electronic monitoring orders.

National Infrastructure Funding and Financing and Next Generation Critical Communications

Advised on the procurement of infrastructure and services for the two key components of the Public Safety Network – Te Kupenga Maruatau: a nationwide digital land mobile radio network, and a prioritised cellular and roaming capability.

The Ministry for Primary Industries

Advising MPI and its business unit Fisheries New Zealand on the procurement of an on-board camera, data management and associated services solution for up to 300 inshore fishing vessels and related contract amendment matters.

The Network for Learning

Advising on the procurement process for the upgrade and roll out of a transformative Managed Network solution for around 2,500 New Zealand schools and kura.

The New Zealand Lotteries Commission (Lotto NZ)

Advising on the procurement, negotiation and implementation of a new gaming system platform that meets Lotto NZ's future vision and strategy and optimises its financial contributions back to New Zealand.

Cyber security

Advising on data breaches and related cyber security and privacy issues, including compliance with mandatory breach notification procedures under the Privacy Act 2020 and engaging with CERT NZ and IDCare in relation to notified incidents.

Fisher & Paykel

Co-ordinated the global response to its data breach which involved a ransomware attack and the encryption and exfiltration of files by a malicious threat actor based in Russia.