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Our specialist hospitality lawyers work together to advise hotels, motels, restaurants, resorts, wineries, breweries, entertainment promoters, insurance companies and trade associations in New Zealand and the Pacific on the full range of issues affecting the industry.
This includes keeping them informed on issues such as:
- Acquisition and financing
- Overseas Investment Office applications and approvals
- Real estate matters
- Commercial transactions
- Business formation
- Employment and industrial relations
- IP and brand protection
- Commercial finance
- Liability issues for the sale of food & beverages
- Immigration issues
- Management contracts
- Health & safety issues
- Franchising
- Liquor licensing and other regulatory issues
- Gaming issues
- Litigation and alternative dispute resolution
Partner, Denis McNamara, is a member of the ‘International Society of Hospitality Consultants (ISHC)’ - a professional society of approximately 200 individual members from around the world. Membership is by invitation only and ISHC has become one of the world’s most reliable sources for expertise and counsel in the hospitality industry.
HOSPITALITY RELATED SERVICES
Real Estate and Commercial Land Use
Simpson Grierson's Commercial Property Group handles a variety of real estate, land use and construction issues for hospitality industry clients. Whether it's acquiring and developing restaurant and hotel properties, luxury lodges, golf course and resort developments, leasing for restaurants and bars, or land use advice related to the location of restaurants and hotels, Simpson Grierson's Property lawyers offer efficient and practical guidance on areas such as:
- Negotiating and closing the purchase or sale of hospitality properties
- Negotiating and closing the financing needed to buy land and construct accommodation or restaurant facilities
- Identifying, forming and integrating the business entities that are most appropriate for owning and operating hospitality properties
Management Contracts and Management Advice
Our Hospitality team is experienced in negotiating and documenting Management Contracts and arrangements relating to management rights. The proliferation of individually owned apartment style hotels and resorts in recent years has led to a growth in management rights issues as well as the need to fully comply with legislation such as the Securities Act.
Employment and Industrial Relations
Employers in the labour intensive hospitality industry are confronted daily with a wide variety of challenging employment and industrial law issues. Our dedicated Employment Law Group understand the industry and regularly assist hospitality employers in successfully navigating their way through these minefields. Our focus is on risk management strategies and programmes to ensure we assist employers in avoiding problems and resolving those issues, which inevitably do arise, as quickly, successfully and cost-effectively as possible. We help hospitality employers with matters involving all areas of employment law including: union related issues, defending against claims of discrimination, harassment and wrongful dismissal, as well as advising employers on issues as diverse as employee leave issues, and all employee handbooks and policies.
Environment and Resource Management
With a host of complex environmental laws to deal with, hospitality industry clients can depend upon Simpson Grierson's Environmental Law Group lawyers to provide sound guidance and advice. Whether it's securing regulatory permits for development, performing pre-acquisition environmental site assessments, securing water rights for new golf courses or resort landscaping, or providing regulatory compliance audits, Simpson Grierson's Environmental Law expertise is a valuable resource for hospitality industry clients.
Franchising and Distribution
New Zealand has the highest per capita rate of franchising in the world. Businesses providing hospitality services are often operated by individuals and families who are owners or franchisees. Simpson Grierson has considerable experience in representing and partnering with both international and local franchisors. We take a pragmatic practical approach with our franchise clients on a variety of matters, including the following:
- Branding
- Expansion and development
- Financing
- Franchise and distribution agreements
- Cross border transactions
- Disclosure documentation
- Master franchising
- Mergers and acquisitions
- Negotiation
- Ownership structures
Intellectual Property
We have a dedicated IP registration and portfolio management practice. Our IP group also works with our commercial and corporate teams within Simpson Grierson to ensure a commercially oriented focus. We see your IP as core assets; the use and protection of which is crucial to meet commercial objectives. Our integrated approach means we can provide more useful, effective and tailored advice and assistance.
With the growth of the Internet, the globalization of trade, and the growing significance of technology, no modern hospitality industry business can afford to ignore IP issues. From trademark and trade name clearance, protection and licensing, trade dress (the layout, appearance, and look and feel of a place of business) identification and protection, to trade secret protection, Simpson Grierson's IP lawyers offer practical guidance for your intellectual property interests.
International Trade & Investment
Simpson Grierson's International Trade and Investment Group has significant experience in dealing with the hospitality industry including the establishment and development of hotels both in New Zealand and overseas.
We handle a wide range of legal issues, including the establishment of company branches and subsidiaries, the formation of international joint ventures, foreign acquisition and investment in New Zealand business and property, as well as advising New Zealand-based businesses on trade and investment outside New Zealand. We also advise on international financing, international trade, maritime law, international tax, technology transfers, cross-border litigation, and other related matters.
Litigation
Simpson Grierson regularly advises a variety of clients within the hospitality industry on all litigation issues. As well as effectively progressing matters in Court when required, our commercial litigators also look to provide proactive and innovative advice to resolve disputes without recourse to the Courts. This can involve the adoption of alternative dispute resolution procedures such as mediation and also, in conjunction with our commercial partners, advising clients as early as possible on risk identification and management issues.
In addition to the above, Simpson Grierson is able to advise on any other area of commercial law relevant to your needs including: Sales and Marketing, Construction, Tax, and Information Communications Technology (ICT). For further information about our expertise please visit our website at: www.simpsongrierson.com.
This newsletter is produced by Simpson Grierson. It is intended to provide general information in summary form. The contents do not constitute legal advice and should not be relied on as such. Specialist legal advice should be sought in particular matters.
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