Tompkins Wake

The Court of Appeal has overturned two significant High Court decisions, clearing up confusion around how security interests apply when companies go into insolvency. The cases of Tiny Town Projects Ltd and Francis v Gross (HC) had caused uncertainty by giving buyers of tiny homes priority over secured creditors, creating challenges for businesses and insolvency practitioners. The Court of Appeal ruled that these earlier decisions were incorrect, stating that equitable liens should not take priority over secured creditors, especially when those liens weren’t part of the original contractual agreements. It confirmed that the Personal Property Securities Act (PPSA) should determine priority, as intended by law. For more information on the Court of Appeal's decision, click the link below. https://bit.ly/4f9cfEp Wayne Hofer | James Bridgman #courtofappeal #tinyhomes #insolvencylaw

Looking to stay ahead in New Zealand’s evolving M&A landscape? Don’t miss out on our next Business Intelligence Series workshop ‘A NZ M&A Update - Seizing Opportunities’ on Wednesday, 5 November. Chaired by Tompkins Wake Partner Kerri Dewe, this session features industry experts—Andrew Beagley, Waruna Karunaratne, and Mike Marr—who will explore the latest trends and pinpoint opportunities in today’s market, helping you plan your next strategic move. What we’ll cover: - FOMO to SLO-MO: How deal activity has changed over the last 18 months and what to expect next - Spotting opportunities in a tough market - The role of M&A in shaping corporate strategy - M&A’s impact on sustainability initiatives - Key takeaways from the capital-raising journey - Strategies for a smooth exit (sell-side) or seamless integration after acquisition (buy-side) Join us from 7:30am to 9:30am at the Hilton in Auckland. Register for the workshop here: https://bit.ly/47BMWbG #BIS #businessintelligenceseries #mergersandacquisitions

A recent will dispute showcases the importance of proper legal processes and independent advice when drafting wills to ensure their validity and prevent disputes. In the case of Wilson v Vallely-Te Kani, the court upheld the 2018 will of the late Mr. George, despite his sons, Clive and Jeffery, contesting its validity. They argued that Mr. George lacked testamentary capacity and was under undue influence from his granddaughter, Danielle, who acted as his welfare guardian and property attorney. The court found Mr. George had had testamentary capacity when he signed the 2018 will, despite his dementia diagnosis, and there was no evidence of undue influence, noting the importance of independent legal advice. Claims that the will was void due to witnessing issues were also dismissed. For more information on the Wilson v Vallely-Te Kani case, click the link below https://bit.ly/4eXilYj #draftingwills #undueinfluence #familyandrelationshiplaw

Join Tompkins Wake and The University of Waikato for a public lecture on Monday, 4 November from 5pm-7pm at the university's Tauranga campus, where we’re privileged to have the Honourable Christopher Finlayson KC as our guest lecturer. Drawing on his vast experience as a former Attorney-General and Minister for the Treaty of Waitangi Negotiations, Christopher will delve into the concept of 'Precipice'—those pivotal moments where crucial decisions shape the future. In this lecture, he will address race relations and the evolving Treaty partnership in New Zealand, alongside key turning points in law, governance, and global affairs where choices made at crucial junctures can define our collective future. With a career in public and commercial law and experience representing New Zealand at the International Court of Justice, Christopher offers rare and profound insights into navigating New Zealand’s legal and cultural landscape. For more details on the public lecture or to RSVP, please click the link below. This event is free to attend but space is limited. https://bit.ly/3U4RMZu #publiclecture #universityofwaikato #tepiringafacultyoflaw #legalinsights

The Intellectual Property Office of New Zealand (IPONZ) refused a certification mark application for the term "GRUYÈRE" by Swiss cheese producers, on the basis that it is descriptive of a type of cheese rather than distinctive. This decision follows changes to the Geographical Indications (Wine and Spirits) Registration Act 2006 (GI Act), effective from 1 May 2024, which now recognises "GRUYÈRE" as a geographical indication (GI) exclusively for cheese from the Gruyère region in France. While Switzerland also produces Gruyère cheese, the GI protection in New Zealand only applies to French cheese due to New Zealand’s trade agreement with the EU. The ruling may limit non-French producers' use of GRUYÈRE unless they specify the cheese's origin and have been trading in Gruyère for at least five years. Similar reasoning was applied in rejecting a certification mark for "BASMATI" rice. Learn more about the implications for GI and certification marks in NZ, at the link below. https://bit.ly/4f27NqX #gruyerecheese #geographicalindication #IPlaw

We are delighted to see Te Puia named the Tompkins Wake Supreme Winner at the 2024 Tompkins Wake Rotorua Business Awards over the weekend. Te Puia is a geothermal park and cultural centre, and is home to the New Zealand Māori Arts and Crafts Institute and Kiwi Conservation Centre, making it both a tourist attraction and a center of cultural significance. It has become an essential part of the local economy and community, contributing significantly to Aotearoa New Zealand’s tourism sector and global cultural brand. Despite the challenges faced during the pandemic, being one of the earliest tourism operations to close its gates, prior to the national lockdown, Te Puia took the opportunity to reimagine its operations and offerings. By blending its rich heritage with innovative ideas, the team has emerged stronger than ever. Congratulations to the entire Te Puia | NZMACI team for their remarkable resilience and for showcasing the strength of Rotorua’s business community. Our congratulations also to the 60 outstanding finalists for reaching the final stages of this year's awards and the 16 category winners. Your achievements highlight the innovation, community impact, sustainability, and rich culture that make Rotorua stand out on the global stage. A big thank you to the Rotorua Business Chamber for hosting another great event, which saw over 800 people come together to celebrate the best in business in Rotorua. A special thank you to our own Michelle Urquhart for her work as vice president of the Chamber, convenor of Judges and principal sponsorship liaison for the 2024 awards. https://bit.ly/4dy7BOZ #RotoruaBusinessAwards #Rotoruaresilence #TePuia #strongertogether

Our team had a fantastic time at The Butterfly Effect’s latest event, bringing together women of influence and leadership in the Bay of Plenty. The event focused on the Whakataukī: He kai kei aku ringa (There is food at the end of my hands), highlighting the importance of using our skills and resources to create success. Panellists Bridgette Tapsell and Saima Hussain Anis shared inspiring stories of resilience, empowerment, and hope with a focus on growth and development. Thank you to Michelle Urquhart, Laura McLoughlin-Ware, and Jennifer Steele for representing Tompkins Wake. As the founding sponsor, we are honoured to support such an impactful event and look forward to future opportunities to connect next year. #womeninleadership #womenwithinfluence #thebutterflyeffect

In her final decision as Assistant Commissioner of Trade Marks, Natasha Alley, Tompkins Wake’s newest Special Counsel, emphasised the importance of getting pleadings right in intellectual property disputes. The case of Swappoint AG v Expensify, Inc. revolved around Expensify’s attempt to block the KARMAPOINT trade mark registration in New Zealand. However, a procedural issue meant that Expensify could not pursue one aspect of its opposition, and the mark was ultimately registered. This case highlights the importance of clear pleadings in IP disputes and underscores the value of engaging expert advocates from the outset. To learn more about the decision or connect with our experienced IP team, click the link below. https://bit.ly/3Y6D9XX Shelley Slade-Gully | Samantha Gregory #trademarkdispute #intellectualproperty #IPlaw

We’re honoured to be highly commended in the 2024 Multilaw Awards for our commitment to diversity and inclusion. This recognition reflects the ongoing efforts of our firm and our DEI committee, Common Ground, to create a workplace where everyone feels valued and included. We’re excited to continue driving positive change within our firm and the wider community. While our journey is ongoing, we’re proud of the progress we’ve made so far. Congratulations to Miller Thomson LLP on their well-deserved win, and to Parra Rodríguez Abogados for their recognition. #diversity #multilawawards #peoplematter

 At the recent RMLA Annual Conference, Minister Chris Bishop and adviser Simon Court offered a first look at the Government’s proposed replacement of the Resource Management Act (RMA). The Government plans to introduce two new pieces of legislation to replace the RMA to simplify processes, prioritise private property rights, and create national consistency. Key principles underpinning the new legislation are: - Centralised, rules-based system;  - Streamlined resource consents;  - Disputes tribunal model to address minor issues. The expectation is that fewer individual resource consents will be needed, with clear national standards in place, and minor disputes managed through a disputes tribunal model (leaving the Environment Court to consider more significant matters). For more information on the Government’s proposals, click the link below. https://bit.ly/4djhdNx #RMAreform #resourcemanagement #localgovernmentlaw