We will drink to that

Buddle Findlay advises clients on all issues associated with the food and beverage industry, ranging from industry and regulatory compliance, commercial contracting, mergers and acquisitions, and dispute issues.

Clients and services

Buddle Findlay has specialist staff and strong experience in the New Zealand food and beverage industry.  This experience is the result of many years working with a range of businesses from niche, New Zealand brands to high profile, international brands such as Nestlé, Arnotts, and Zespri.  We have completed some of the largest acquisitions in this sector in New Zealand history, including Frucor Beverages and Independent Liquor. 

We regularly advise both New Zealand and international clients on:

  • Planning for, and facilitating, the acquisition of food and beverage businesses, including preparing and negotiating sale and purchase agreements, advising on takeover law and undertaking due diligence for both vendors and purchasers
  • Structuring investments in the food and beverage industry, including joint ventures and partnerships (and limited partnerships) and advising on appropriate tax planning
  • Structuring and negotiating co-packing and third-party manufacturing agreements, procurement, distribution, sales and supply-chain agreements
  • Branding strategy, including trade mark, patent and copyright protection and supporting intellectual property rights by managing disputes and conducting intellectual property audits
  • Marketing and promotional activities, including sponsorships, advertising, endorsements, pricing strategies and competitions
  • Consumer protection laws, including issues around compliance with the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the Commerce Act 1986
  • Structuring and implementing franchising and licensing arrangements
  • Acquisition and leasing of plant and machinery and commercial and industrial land, including obtaining environmental permits
  • Employment law and health and safety regulations as they apply to the food and beverage industry, including employee benefits and issues around the protection of vulnerable employees
  • Establishing internet-based businesses and conducting effective e-commerce operations, including advising on terms and conditions, technology agreements, and privacy laws
  • Preparing permit applications and advising on regulatory compliance for manufacturing, importing, exporting, distribution and advertising, including food labelling and liquor licensing
  • Gaining regulatory approval under the Overseas Investment Act 2005

Recent work

  • Advising Intermediate Capital Group on the provision of mezzanine debt and equity finance to the Affinity Equity Partners led consortium acquisition of Tegel Foods
  • Advising Imanaka on the acquisition of Cedenco Foods (in receivership and liquidation)
  • Advising Suntory on its $1.4b acquisition of the Frucor Beverages Group, including comprehensive pre-acquisition due diligence and advice on competition issues, branding and intellectual property
  • Advising Rugby New Zealand 2011 (the organiser of the Rugby World Cup 2011) on a catering rights agreement with Rugby World Cup and on related catering services agreements
  • Brand protection and management in New Zealand and overseas for New Zealand Pork Industry, Board New Zealand Game Industry Board and the PITANGO, MR APPLE and NAKED brands, Eve’s Pantry, Ruth Pretty Catering and various cafes, bars and restaurants including Bar 101, Shenanigans, The Furnace, The Helm, Easy Tiger, Bangalore Polo Club and Cigana
  • Acting for ZESPRI International in legal proceedings challenging the single desk export regulatory regime for kiwifruit, and providing ongoing Commerce Act advice
  • Advising Oregon Group on the sale of a 45% stake in New Zealand King Salmon Co
  • Advising Olam International on its $100m cornerstone investment in Dairy Trust, and the follow-on takeover of Open Country Cheese
  • Advising Unitas Capital on its consortium formation for, and acquisition of, Independent Liquor, including comprehensive pre-acquisition due diligence and advice on competition issues, branding and intellectual property
  • Providing ongoing advice to Nestlé on commercial acquisitions, regulatory and compliance advice, including advertising and competitions
  • Acting for the acquirers of Waiwera Water, and advising private equity bidders for Tegel Foods and Griffin's Foods
  • Advising ITOHAM Foods on its participation in the ANZCO Foods joint venture for meat products and processing
  • Advising Alexander Transport Group regarding distribution arrangements for beverages and grain
  • Advising the purchasers on the acquisition of the Premier Bacon Company, and providing ongoing advice to the company
  • Advising on the sale of Naked Organics, producers of the very successful range of dips, hummus, and ready-made meals, to Sanitarium
  • Advising shareholders of retail food franchise company Foodco NZ on the sale of its rights to 36 Muffin Break concept stores
  • Advising on the formation of Epicurean Dairy and The Collective dairy brand, producers of gourmet yoghurts and cheeses
  • Advising Arnotts on distribution agreements and employment arrangements
  • Acting on the sale of the business of Eve’s Pantry, one of New Zealand’s leading bakery businesses

Other Buddle Findlay clients include Progressive Enterprises, Yarrows (The Bakers), Ministry of Agriculture and Forestry, Active Manuka Honey Association, Satara Co-operative Group, Allpress Espresso, and Coca-Cola.