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Investigations

Tactical advice

Investigations are an increasing part of life for those in the business and financial services communities. Whether a proactive internal investigation is required when things go wrong or an investigation is opened by a regulator, we have the experience and procedures in place to urgently assist to minimise legal, commercial and reputational risks.

We are experienced at:

  • providing tactical advice around self-reporting of violations.
  • advising on the scope of regulators' powers to require the production of information, as well as in the strategic considerations of responding to such a request. 
  • advising on whether, and how, to investigate issues in light of the risks of later litigation.
  • offering clients urgent representation when faced with search orders.
  • negotiating with regulators over the threat of an investigation or enforcement action.
  • providing advice and support if a regulator commences an investigation or enforcement action.

Regulatory action

We closely monitor regulatory action (including in competition, consumer law, securities law and financial regulation) which allows us to advise our clients on current trends and risks of investigations and enforcement action. 

Our investigations team are specialists at:

  • drafting terms of reference.
  • helping clients navigate the often complex issues of privilege, confidentially and data privacy that arise in the establishment of an investigation.
  • putting in place urgent document holds and ensuring that obligations under New Zealand's civil procedure rules are met.
  • reviewing and analysing large volumes of information effectively.
  • conducting interviews and drafting factual reports.

A diverse range

It is not uncommon for a single investigation to give rise to issues on a diverse range of legal topics, such as employment law, regulation, public law and defamation. To address this, our investigation specialists draw on our wider team of market-leading experts to deal with all legal issues arising efficiently and effectively.

We also have established working relationships with other professionals across the New Zealand market, which allows us to assemble (where necessary) a multidisciplinary team. We regularly work with overseas law firms in respect of cross-border issues and frequently act in public inquiries.

Our Investigations specialist Emmeline Rushbrook has shared her insights in the only textbook in existence on the nuts and bolts of running a major cross-border investigation: The Practitioner's Guide to Global Investigations 2018 – for which they authored the New Zealand chapter. Click here to read the full chapter and please get in touch if you would like further information (please note, this chapter is intended only as a summary of the subject covered and does not purport to be comprehensive or to provide legal advice).

Areas in which our team has been involved in investigations include:

  • Securities law
  • Financial product mis-selling
  • Market abuse
  • Money laundering
  • Compliance failings
  • Economic sanctions
  • Competition
  • Taxation
  • Employee misconduct and fraud
  • Health and safety
  • Whistleblowers
  • Intellectual property
  • Professional misconduct
  • Foreign corrupt practice issues
  • Operational failures; bribery and corruption
  • Insolvency
  • Software development and information technology
  • Product recalls
  • Contract failures
  • Sports law