Organisational Integrity

Internal and external challenges to an organisation’s integrity are a serious threat to its reputation and on-going success. There are numerous reputational and financial benefits to be gained by demonstrating leadership in this area.

Our multi-disciplinary team is adept at supporting a wide range of clients from government agencies to corporates with complex local and multi-jurisdictional integrity matters.

Clients come to us for our extensive expertise and pragmatic advice on organisational integrity issues.  Our team understands what is required to prevent, detect and address issues before they become a significant threat. We also have experience dealing with related regulatory and criminal investigations, and court proceedings, both in New Zealand and overseas.

We support our clients throughout the full lifecycle of integrity matters, from conducting internal reviews and proactive risk management, through to representing clients in investigations and litigation.

Relevant experience

Sage sanctions advice – representing clients in investigations conducted by the New Zealand Government, including an investigation into alleged breaches that prohibit the indirect export of aircraft parts to North Korea; conducting transaction and customer due diligence for exporters, including a New Zealand agricultural exporter looking to export meat products to Iran via a third country; drafting Sanctions Compliance Policies, related boilerplate clauses for sales contracts, and preparing and delivering training on sanctions compliance to companies’ senior leadership teams.

Anti-bribery and corruption – providing organisations with advice regarding anti-bribery and corruption policies, including compliance with global policies, and with local and international restrictions (under the Crimes Act 1961, the UK Bribery Act 2009 and the FCPA in the United States); advising a Japanese manufacturer on New Zealand’s anti-corruption laws and their applicability to donations made by the company’s subsidiary in Myanmar; and advising a range of sporting entities on approaches to combat sports corruption, manage integrity breaches and crisis management.

Anti-money laundering and countering the financing of terrorism – advising banks, financial institutions and virtual asset service providers on the AML/CFT Act and Terrorism Suppression Act implications and compliance arrangements for a wide range of financial services, including the proposed transmission of funds for the payment of ransom, cryptocurrency exchange and transmission, and prescribed transactions, as well as assisting in internal investigations of potential non-compliance, and developing regulatory engagement with regulators and other government agencies.

Defending clients against white collar crime allegations – representing clients in investigations and criminal prosecutions by the Ministry of Business Innovation and Employment (MBIE), Financial Markets Authority (FMA), the Serious Fraud Office (SFO) and the Reserve Bank of New Zealand (RBNZ), including in respect of finance company collapses, related party arrangements, and allegations of fraud; advising an Australian multinational independent investment bank in respect of rogue trading by an employee, including managing external stakeholder concerns and internal employment matters; representing an international courier company in Court for breaches of the Customs & Excise Act.

Cross border investigations – expertise collaborating with overseas counsel on a range of cross border investigations, including by the United States Department of Justice (USDOJ) and the London Metropolitan Police (Scotland Yard); working with a Magic Circle firm in the UK investigating allegations of market manipulation/currency rate fixing for a leading international bank; advising a major Japanese law firm on proceeds of crime matters relating to property stolen in Japan and held in New Zealand.

Fraud investigations – acting for a number of organisations to investigate and progress formal complaints regarding internal fraud, including presenting investigative product to the SFO for successful prosecution under the Secret Commissions Act 1910 and to the Police for prosecution under the Crimes Act; defending an individual named in court proceedings alleging fraud, and in respect of a related SFO investigation, on matters connected to FIFA funding (including obtaining name suppression, and withdrawal from the litigation, for our client); conducting internal investigations alongside forensic accounting experts into alleged fraud and other misconduct, and advising on strategy including self-reporting and litigation.

Competition law representation, including cartels and fair trading – representing New Zealand and offshore corporates in respect of investigations and court action by the New Zealand Commerce Commission (NZCC) under the Fair Trading Act 1986 and the Commerce Act 1986, including viagogo AG in respect of allegations of false and misleading representations in trade; working with US counsel to successfully defend a New Zealand resident company director in an investigation and prosecution by the USDOJ for criminal cartel violations in USDOJ v Stolt-Nielsen; representing a New Zealand director in respect of individual criminal prosecution by the NZCC for alleged breaches of the Fair Trading Act.

Advising and representing whistle-blowers – advising corporate entities on investigating and managing whistle-blower complaints, including the New Zealand arm of a construction and infrastructure multi-national, and an Australasian technology and infrastructure business; advising whistle-blowers in respect of allegations of financial mismanagement and the improper use of public money in connection with the 36th America’s Cup; conducting an internal investigation (alongside a big four accounting firm) and reporting to stakeholders on allegations of financial irregularity at a major iwi Trust.

How we help

  • International trade and financial sanctions
  • Anti-bribery and corruption
  • Anti-money laundering and countering the financing of terrorism
  • White collar crime
  • Fraud
  • Human rights, including modern slavery
  • Competition law, including cartels and fair trading
  • Whistle-blowers and independent reporting systems
  • Cyber security
  • Privacy and data protection

Who can help