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In this follow up episode, Partners Gillian Service and Megan Evans, discuss the Holidays Act reform. They explore why the reform is significant, what operational changes employers should prepare for, and how these changes aim to simplify compliance and reduce litigation. From hours-based leave accrual to mandatory pay statements and the introduction of leave compensation payments, Gillian and Megan provide practical insights and highlight key challenges businesses may face during the transition period.

[01:06] Gillian explains that unclear laws lead to non-compliance and litigation. Megan adds that previous governments have tried and failed to fix the Act, making this overhaul a significant milestone. They stress that operational details will matter greatly.

[03:05] They discuss, when do extra shifts become “contracted”? And they explain that regular overtime may need to be reflected in employment agreements to avoid misclassification and miscalculation of entitlements.

[06:05] Gillian highlights that under the new system, employees may experience a drop in pay during leave compared to the current system. Megan stresses the importance of educating employees about this change.

[07:35] Gillian and Megan discuss the ability to take leave in hours rather than full or half days, which benefits employees but adds complexity for employers, especially those with variable schedules. They introduce the concept of a “notional roster.”

[09:04] Megan clarifies how allowances will be treated under the new system. Fixed allowances must be included in leave calculations, while variable components like bonuses and commissions will not. Employers may need to renegotiate contracts.

[10:34] They discuss that public holidays will use a clearer “seven out of 13 weeks” test, replacing the current multi-factor approach. This should reduce litigation but requires employers to track work patterns.

[11:34] Gillian and Megan discuss the two-year transition period. While generous on paper, it may be tight for large employers with complex systems. They note that early implementation is not allowed.

[13:02] They explore the new system, employees can cash up 25% of their hourly leave balance annually. This could help employers manage large leave liabilities but requires employee initiation.

[15:32] Gillian summaries that employers must still remediate historic liabilities, but once an agreed amount is paid, no further claims can be made. This approach aims to reduce compliance costs.

[17:37] Gillian and Megan discuss the bill that is expected in early 2026, followed by the select committee process. They cover how the Government aims to pass legislation before the next election and is actively seeking feedback from businesses and employers are encourage to make submissions and share practial insights to ensure the reforms are workable, enduring and straight forward. 

Information in this episode is accurate as at the date of recording, 20 November 2025.

Please contact Gillian Service, Megan Evans or our Employment team if you need legal advice or guidance on any of the topics discussed in the episode. 

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In our final episode for 2025, Technology Partner Tom Maasland reconnects with ChatGPT, now powered by GPT-5.2, to explore the rapid evolution of conversational AI and its potential impact on the legal landscape. Join us for a festive and engaging discussion on what the future holds for law and technology with one of our most thought-provoking guests.

[01:31] Tom dives into this interview explaining the premise of the episode to ChatGPT-5.2 and the audience. ChatGPT-5.2 introduces itself and Tom recalls the 2024 interview with GPT 4.0.

[03:02] ChatGPT-5.2 shares major upgrades since GPT 4.0: Smoother conversational flow, better context retention, and improved reasoning. It now connects ideas more like a human and provides richer, more trustworthy answers. Accuracy and access to current information have also improved, though users should still verify critical details.

[06:12] Tom explains how he uses ChatGPT for meeting prep and ChatGPT-5.2 adds examples like brainstorming, creative writing, and casual conversation. It also introduces proactive suggestions, making interactions more dynamic and helpful.

[08:18] ChatGPT-5.2 Pulse keeps the model aware of trends and fresh info, now available in New Zealand. ChatGPT-5.2 also explains its adaptive response system, which automatically switches between quick answers and deep reasoning depending on the question.

[10:56] Tom asks ChatGPT-5.2 about image generation, video creation, and music generation features that are emerging. GPT confirms a new partnership with Disney for AI-generated videos featuring iconic characters starting in early 2026.

[11:59} Tom queries ChatGPT-5.2 over its parent company OpenAI's recent deal with Disney and asks ChatGPT-5.2 to expand on the details of the deal. 

[13:07] GPT breaks down the differences between Free, Paid, and Pro tiers. Tom then asks fun holiday questions: favourite Christmas film, tech buzzwords, and AI predictions for the next five years.

[14:07] Tom asks ChatGPT-5.2 to answer a quick fire round of festive related questions. And Tom asks his final question, which is the same question he asked in 2024. How does ChatGPT-5.2 see the world having been changed by AI in the next five years? 

[15:44] Tom's shares his overall reflections on having a conversation with ChatGPT-5.2, what he found has improved compared to 2024, what was noteworthy from the discussion, and that a reminder that AI can make mistakes even the most advanced models. 

Information in this episode is accurate as at the date of recording, 15 December 2025.

Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode. 

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In this episode, Sustainability Leader and Partner Holly Hill sits down with Matt Connolly, Air New Zealand's Sustainability Lead for Energy Transition, to explore the airline's leading initiatives including its Sustainable Aviation Fuel (SAF) trial, climate-related transition plan, next generation aircrafts, and fuel optimisation.

[01:14] Holly and Matt discuss that aviation is inherently unsustainable because it relies on burning fossil fuels, making it a major source of greenhouse gas emissions.

[02:19] Holly and Matt explore Air New Zealand’s current use of SAF, noting its scarcity and high cost. He explains that collaboration with corporates is critical to scaling SAF globally and that the pilot program in New Zealand is designed to foster these partnerships.

[02:49] Matt describes how SAF is chemically similar to jet fuel and can be used in existing aircraft without modification. He explains that emissions reductions come from SAF’s lifecycle, as it is produced from biogenic and waste sources rather than fossil fuels. He also outlines how emissions benefits are shared between airlines and corporate partners through scope 1 and scope 3 reductions.

[04:48] Matt shares that corporate partners purchase emissions reductions to match portions of their travel. He notes that Air New Zealand used 1.7% SAF in its fuel mix last financial year, which equates to approximately 50,000 tonnes of avoided emissions compared to fossil jet fuel.

[06:18] They explore Air New Zealand’s short-term target of 10% SAF in its fuel mix by 2030 and a long-term goal of achieving net zero by 2050. Matt explains that global aviation bodies expect SAF to make up two-thirds to 100% of jet fuel by mid-century.

[06:48] Matt says the SAF pilot has generated interest among corporates, but emphasises that scaling SAF requires broad collaboration. Air New Zealand is working with sustainability groups and auditors to build trust and create a robust system for corporate participation.

[07:48] Holly and Matt outline the economic challenges of scaling SAF, including its current cost premium and the need for large-scale, capital-intensive projects. He explains that moving SAF down the technology cost curve is essential for affordability.

[08:48] They discuss Air New Zealand’s ongoing conversations with the New Zealand government about SAF and notes that governments worldwide are approaching the challenge in different ways. He emphasises the importance of finding a solution that works for New Zealand.

[09:18] Matt explains that partnerships are key to SAF success globally. He notes that airlines making progress on SAF are those working closely with corporate partners to build commercially sustainable approaches.

[10:18] Matt summarises that aviation is difficult to decarbonise, but SAF is a viable solution today. He stresses that partnerships are essential for scaling SAF and reiterates Air New Zealand’s commitment to net zero by 2050

[11:47] They round out the episode by sharing Air New Zealand’s research into electric and hydrogen-powered aircraft, including a technical demonstrator project with Beta Technologies. He explains that while these technologies may not play a major role before 2050, they represent a long-term opportunity to move away from fossil fuels entirely.

Information in this episode is accurate as at the date of recording, 24 November 2025.

Please contact Holly Hill

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In this episode, Technology Partner Kate Cruickshank sits down with Buddhika Rajapakse, Associate Director at Concept Consulting, to explore the untapped potential of Vehicle-to-Grid (V2G) technology in New Zealand and discuss the key findings from the recently released multi-client report Powerful Potential: New Zealand’s Vehicle-to-Grid Opportunity.

[01:14] Kate and Buddhika consider the fundamentals of bi-directional electric vehicle (EV) charging and why EV batteries represent a unique and flexible energy storage opportunity. They explain that, beyond powering a car, an EV battery can also be used in certain circumstances to supply electricity to appliances, homes, businesses, and even feed energy back into the grid. The conversation breaks down the different bidirectional applications (vehicle-to-load (V2L), vehicle-to-home/premises (V2H/V2P), and vehicle-to-grid (V2G)) and how each works in practice.

[06:45] Buddhika discusses the critical technology stack required for V2G to succeed, including V2G-capable EVs, chargers, smart retail offerings, and interoperable software, emphasising the importance of each layer working in synchronicity.

[10:02] They then turn to the report itself, outlining the drivers behind its development, the sector-wide collaboration that shaped it, and the modelling used to quantify the value V2G could unlock across the transmission and distribution electricity value chain, the wholesale market and generation and also for individual consumers.

[13:11] Kate and Buddhika consider the consumer experience as a critical factor for the success of V2G uptake, highlighting the need for simple, compelling consumer information and offerings. Buddhika points out the UK’s EV-as-a-service type model from Octopus Energy and BYD as a leading example that make V2G effortless and attractive for consumers.

[17:04] Finally, they consider what industry participants should be focusing on next, including the importance of national and Trans-Tasman alignment on standards, and the long-term outlook where the use of V2G technologies could significantly enhance grid resilience and flexibility.

Information in this episode is accurate as at the date of recording, 6 November 2025.

Please contact Kate Cruickshank or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode. 

And don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at [email protected] and sign up to receive technology updates via your inbox here.  

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Powerful Potential: New Zealand’s Vehicle-to-Grid Opportunity – 25 September 2025

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In this episode, Partner Tom Maasland and Senior Solicitor Abbey James from our Technology team unpack Transitional Services Agreements (TSAs), a critical yet often overlooked component of business transitions, offering both legal and practical insights to help navigate them with confidence.

[00:50] Tom and Abbey discuss the fundamentals of TSAs, explaining what they are, the services they typically cover, and how they help buyers “keep the lights on” and maintain business continuity during the transition to full operational independence after a purchase.

[02:08] Abbey and Tom explore what should be included (and excluded) in a TSA, noting that these decisions largely depend on the complexity of the business being sold and the extent to which its IT systems are intertwined

[04:14] They canvas the key features of TSAs and highlight some common legal pitfalls. Tom emphasises that TSAs are not profit-making arrangements, so fees are typically structured as fixed or cost-plus. Abbey adds that buyers should also manage expectations around service delivery, noting that TSAs are designed to ensure continuity, rather than service excellence.

[07:12] They discuss termination, liability, and governance emphasising the need for clear exit plans, fair liability caps, and thought-out governance structures. Tom notes that defining IP ownership and licensing during the TSA is critical to avoid disputes, especially when shared technology is involved.

[09:08] Tom considers the tech entanglement risks, explaining how today’s cloud based, and subscription-based software models impose significant licensing restrictions that can delay transitions and inflate costs. He notes that reviewing licence terms and divestment rights early is essential to avoid costly surprises.

[10:26] They round out the episode sharing their top tips for building a successful TSA, starting with engaging early, well before the sale and purchase agreement is signed. They highlight the importance of clearly defining the scope, identifying third-party and staffing risks, managing data safely through technical (not just contractual) measures, and planning ahead for stranded assets.

Information in this episode is accurate as at the date of recording, 24 October 2025.

Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at [email protected] and sign up to receive technology updates via your inbox here. 

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In this episode, Partner Kate Cruickshank, and Special Counsel Lauren Archer from our Technology team, discuss how to structure a gaming development studio for long-term success, protect its intellectual property (IP), and leverage opportunities to adapt games into films.

[01:11] Kate and Lauren discuss why business structure matters from the outset for creative ventures. Lauren explains that while there’s no single correct business structure, choosing the right one early prevents future complications. She outlines some guiding principles: simplicity, flexibility and scalability, asset protection, and tax efficiency, which should be considered to support long-term growth.

[03:58] Lauren compares limited liability companies and limited partnerships as two main options for new ventures in creative industries, noting that while companies are straightforward and well understood, limited partnerships can offer tax advantages. 

[05:20] Lauren and Kate discuss how to safeguard a creative studio’s most valuable assets, its Intellectual Property (IP), by separating IP ownership from day-to-day operations by way of subsidiary companies.

[06:41] They talk through building your team and incentivising contributors, highlighting the importance of defining clear relationships with co-founders, employees, and contractors to avoid future disputes. Lauren explains how employee share schemes or phantom share options can align incentives and retain key talent for cash-poor start ups.

[08:48] Kate walks listeners through the process of turning a successful game into a film, emphasising the need for a clear and complete “chain of title” to prove ownership of all IP components before licensing adaptation rights. She then unpacks film licensing and option agreements, explaining in detail how to protect a studio’s interests by negotiating reversion clauses and fair compensation structures.

[19:01] Kate outlines how game developers can maintain influence over film adaptations through consultation or approval rights while protecting their brand. She also explains funding mechanisms in New Zealand, including screen production rebates, Film Commission grants and official co-productions and the importance of keeping game IP rights separate from film rights to preserve creative freedom for future gaming projects.

Information in this episode is accurate as at the date of recording, 30 September 2025.

Please contact Kate Cruickshank, Lauren Archer or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. 

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In this episode, privacy experts Richard Wells and Suzy McMillan take a close look at the use of facial recognition technology (FRT) in New Zealand. They evaluate a recent report from the Office of the Privacy Commissioner (OPC) on Foodstuffs North Island’s (Foodstuffs) FRT trial, highlighting key insights for organisations considering the future use of this technology.

[02:30] Suzy explains what FRT is and how it works by mapping and comparing facial features to create a biometric template for either verification (one-to-one matching) or identification (one-to-many matching), and how it’s applied in different contexts.

[04:00] Richard and Suzy discuss the privacy concerns associated with FRT, including mass surveillance, profiling, bias and accuracy, and cultural considerations under tikanga Māori. Suzy also highlights the OPC’s guidance that biometric information should be considered as sensitive personal information requiring a high standard of care.

[06:21] They consider the privacy safeguards implemented by Foodstuffs during their FRT trial to mitigate these risks including immediate deletion of unmatched facial data, strict watchlist criteria, exclusion of vulnerable individuals, decentralised systems, and human oversight to verify matches.

[09:33] Richard notes that Foodstuffs’ justification under IPP1 of the Privacy Act for using FRT was to reduce serious retail crime. Suzy then explains that the technology’s demonstrated effectiveness in relation to this, was a key factor in the OPC’s finding that the trial complied with the Privacy Act 2020, further supported by Foodstuffs’ strong emphasis on transparency and public engagement throughout its rollout.

[12:21] Suzy emphasises the OPC’s clear message and key finding, that the Foodstuffs trial report does not constitute a blanket approval for the use of FRT. They then discuss the OPC’s recommended considerations for organisations contemplating FRT deployment, noting the overall importance of robust privacy governance processes.

[17:54] Suzy then discusses the impact of the new Biometric Processing Privacy Code (the Code), which comes into force on 3 November. The Code will supplement the Privacy Act by introducing specific obligations for the use of biometric technologies such as FRT, signalling a more regulated future. She also refers listeners to our earlier podcast on the proposed Code. 

Information in this episode is accurate as at the date of recording, 10 October 2025.

Please contact Richard Wells, Suzy McMillan or our Data protection team if you need legal advice and guidance on any of the topics discussed in the episode.

Please get in touch to receive an episode transcript and don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. 

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In this episode, Financial Services Partner Jeremy Muir speaks with Litigation Senior Associate Oliver Sutton about the legal complexities of cryptocurrency enforcement, offering their insights on how legal institutions are responding to the unique challenges posed by decentralised digital assets.

[01:18] Jeremy and Oliver begin by addressing the jurisdictional “million-dollar question” of which laws govern cryptocurrency disputes. They note that traditional principles, such as lex situs, are difficult to apply to de-centralised digital assets, and discuss recent decisions from New Zealand and the United Kingdom that illustrate how case law is beginning to navigate this challenge.

[04:10] Jeremy queries the available remedies and enforceability of freezing orders across borders. Oliver explains that their practical application depends on whether the orders target account holders or exchanges, highlighting the jurisdictional challenges involved in enforcement.

[05:20] They discuss how New Zealand’s existing legal framework safeguards cryptocurrency consumers, noting that crypto assets generally do not fall within the definition of “financial products” under the Financial Markets Conduct Act 2013.

[06:00] Oliver explains that general consumer protection laws, such as the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, will apply, particularly in cases of misrepresentation, highlighting a high-profile Commerce Commission prosecution last year involving a crypto-based pyramid scheme. He cautions, however, that as crypto remains largely unregulated in New Zealand, investors should exercise caution or seek expert advice, as funds lost in scams can be difficult to recover.

[07:24] Jeremy discusses recent developments in crypto tax regulation, noting New Zealand’s commitment to the OECD’s new Crypto Asset Reporting Framework, which will impose reporting requirements for certain crypto transactions from April 2026, marking a step toward greater international alignment.

[08:20] Building on an earlier Tech Suite episode with Nicolas Turnbull, they explore the challenges of enforcing remedies in crypto scams and exchange failures from a legal standpoint. Oliver highlights three key scenarios; scams and pyramid schemes, poorly structured exchanges and hard-to-trace funds, explaining how courts are adapting and using traditional tools like freezing and debt orders in this unique digital context.

[09:38] Oliver lastly highlights an innovative enforcement development, explaining how courts in the United Kingdom, New York, and Ontario have approved service of legal documents directly to crypto wallets via Non-Fungible Tokens (NFTs), offering a transparent and trackable way to notify an unknown defendant.

Information in this episode is accurate as at the date of recording, 23 September 2025.

Please contact Jeremy Muir, Oliver Sutton or our Financial Services team if you need legal advice and guidance on any of the topics discussed in the episode.

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For show notes and additional resources visit minterellison.co.nz/podcasts

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For show notes and additional resources visit minterellison.co.nz/podcasts