Food and beverage

Overview

We have broad experience advising clients in the New Zealand food and beverage industry. Our experience is a 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 New Zealand's food and beverage sector, including Frucor Beverages and Independent Liquor.

We advise 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.

We regularly advise both New Zealand and international clients on:

Acquisitions and franchising

Planning and facilitating acquisitions of food and beverage businesses, including:
- preparing and negotiating sale and purchase agreements
- advising on takeover law
- undertaking due diligence for both vendors and purchasers
Structuring and implementing franchising and licensing arrangements
Acquiring and leasing plant and machinery and commercial and industrial land, including obtaining environmental permits.

Structuring investments and negotiating agreements

Structuring investments, 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 and marketing

Developing branding strategy, including trademark, 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.

Employee benefits and rights

Navigating employment law and health and safety regulations, including employee benefits and issues around the protection of vulnerable employees.

Compliance, law, and regulations

Ensuring compliance with consumer protection laws, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and the Commerce Act 1986
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.

Experience

Sector/Expertise

Work highlights

Mud House Wine Group

We advised Mud House Wine Group on the sale of its wine brands and other assets to Accolade Wines and the sale of 400 hectares of vineyards to CK Life Sciences.

Bancorp

We advised Bancorp and its management on the sale of pork processer Premier Bacon to Affinity Equity Partners portfolio company, Primo Foods.

BurgerFuel

We advised BurgerFuel on various listed company matters.

Andros

We advised Andros on its acquisition of a majority stake in leading New Zealand jam manufacturer and fruit processor Barker's.

Independent Liquor

We advised Asahi owned Independent Liquor on the sale of various downstream assets.

New Zealand Hops

We advise New Zealand Hops on all aspects of its New Zealand business.

Zespri Group

We advised Zespri Group from its establishment on all major regulatory, corporate and capital structure issues.

Eastpack

We advised Eastpack, New Zealand's largest kiwifruit post harvest operator, on its capital restructure.

Intermediate Capital Group

We advised Intermediate Capital Group on the provision of mezzanine debt and equity finance to the Affinity Equity Partners led consortium acquisition of Tegel Foods.

Imanaka

We advised Imanaka on the acquisition of Cedenco Foods (in receivership and liquidation).

Suntory

We advised Suntory on its NZ$1.4b acquisition of the Frucor Beverages Group, including comprehensive pre-acquisition due diligence and advice on competition issues, branding and intellectual property.

Brand protection and management

We assisted 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) with brand protection and management in New Zealand and overseas.

Itoham Foods

We advised Itoham Foods on its NZ$40m increase in shareholding of ANZCO Foods.

Allpress Espresso

We advised Allpress Espresso on the acquisition of Underground Coffee and various other corporate, commercial and property matters.

Oregon Group

We advised Oregon Group on the sale of a 45% stake in New Zealand King Salmon Co.

Olam International

We advised Olam International on its NZ$100m cornerstone investment in Dairy Trust, and the follow-on takeover of Open Country Cheese.

DKSH

We advised DKSH on its acquisition of the beverage brands and beverage business of Davies Foods.

Nestlé

We provide ongoing advice to Nestlé on commercial acquisitions, regulatory and compliance advice, including advertising and competitions.

The University of Auckland

We advised The University of Auckland on its acquisition of the Goldwater Estate and Winery on Waiheke Island.

Itoham Foods

We advised Itoham Foods on its participation in the ANZCO Foods joint venture for meat products and processing.

Alexander Transport Group

We advised Alexander Transport Group regarding distribution arrangements for beverages and grain.

DKSH

We advised DKSH on its acquisition of Brandlines and FNZ Brands, including a broad range of food and beverage distribution arrangements.

Premier Bacon Company

We advised the purchasers on the acquisition of the Premier Bacon Company and provide ongoing advice to the company.

Naked Organics

We advised on the sale of Naked Organics, producers of the very successful range of dips, hummus, and ready-made meals, to Sanitarium.

Our team