DAC Beachcroft Regulatory Response Team

Transcription

1 DAC Beachcroft Regulatory Response Team..

2 Executive Summary We provide defence, advisory and training services on governance, compliance and risk and provide assistance with regulatory issues arising in commercial transactions and work safety situations. We will help you manage your response to major incidents, protecting your commercial interests when faced with regulatory investigations and defending criminal enforcement prosecutions on your behalf. The strength and depth of our team is recognised by our wide client base, with a number of our lawyers drawing on their previous industry experience with regulatory authorities.

3 Our Expertise Our expertise includes: Health and safety; page 3 Trading standards; page 4 Environmental; page 5 Food safety and hygiene, page 6 Animal welfare; Corporate risk response and competition law; page 7 Advice and training; page 8 2

4 Health and Safety Response Team Our health and safety response team covers both private and public sectors and is highly regarded for assisting businesses with pragmatic advice and technical expertise in time of need. We do a significant amount of work in the energy, construction, health, transport and manufacturing sectors and are experts in responding to Worksafe investigations and prosecutions. We have active engagement with the various agencies who oversee these industries to minimise the risk of prosecutions or enforcement actions. Our capabilities include: Providing 24 hour Health and Safety Team response and regularly representing clients following workplace fatalities and serious harm accidents. Health and safety investigations, interviews under caution, defending prosecutions. Appealing improvement notices and prohibition notices. Assisting clients through Coroner s inquests. Advising and providing training to clients on health and safety reform. Training directors and managers in legal incident response. Advising corporate clients on Earthquake/disaster response issues.

5 Trading standards response We regularly advise and assist in the response to investigations into trading standards: Advising in relation to investigations, interviews under caution and defending prosecutions relating to Consumer Guarantees Act 1993 and Fair Trading Act 1986 breaches. Misleading consumers/businesses through acts or omissions. Misleading products and packaging. Aggressive sales techniques. Advertising and sales promotions. Pricing of products. Age restricted sales Sale of Liquor Act

6 Corporate risk response Advising directors and senior managers in major Commerce Commission investigations and Financial Management issues under the Commerce Act 1986 and Financial Markets Authority investigations under the Financial Markets Conduct Act Crisis management advice. Business continuity advice. Legal privilege. Corporate communications advice. Advice on insuring risks. 5

7 Environmental response Our team specialises in regulatory response for liability issues under the Resource Management Act 1991 and Hazardous Substances and New Organisms Act 1996 investigations, interviews under caution, and defending prosecutions. We have worked for infrastructure clients, developers, energy, mining, agriculture and have provided advice on climate change issues. Our experience includes: Pollution incidents and environmental damage. Environmental permits and exemptions. Waste management issues. Contaminated land. Ground water pollution. Water discharge breaches. Land drainage. Habitat protection.

8 Food safety and hygiene response Our team deal with claims, investigations and prosecutions that have been commenced under the Food Act 2014 including: Food safety and foreign body contamination. Supply chain contamination. Outbreaks of food poisoning. Allegations of unclean/unhygienic conditions in food preparation. Pest infestations. Food labelling. Advising in relation to investigations, interviews under caution, defending prosecutions. Advice and training concerning due diligence processes. Packaging requirements. 7

9 Advice and training Advice on compliance in relation to all regulatory matters. Policy review including health and safety policies. Legal risk health checks. Due diligence for projects. Training for directors, managers and general workforce on broad range of matters including: Health and safety offences/major incident management. Directors and senior managers duties. Accident investigation. Transport issues. Contract.

10 24 hour hotline We understand that in emergencies you will need rapid and specialist response. We operate an emergency hotline that connects our clients to specialist lawyers in the areas of: Health, safety and environmental. Crisis incident management. Data and cyber security. This hotline provides nationwide coverage and connects clients with a specialist lawyer who provides legal advice at any time of the day or night. We do not charge for this service. Clients who sign up to the 24 hour hotline will be provided with key contact details. We recommend that you place these contact details within your risk management documentation. 9

11 Our Regulatory Response Team Andrew McIntyre Partner Wellington T: +64 (0) E: amcintyre@dacbeachcroft.com Mark Anderson Partner Auckland T: +64 (0) E: msanderson@dacbeachcroft.com Richard Flinn Senior Associate Wellington T: +64 (0) E: rflinn@dacbeachcroft.com 10

12 DAC Beachcroft 2015 We are a market leading legal business specialist litigation and dispute resolution practice with offices in Auckland and Wellington. We are a local law firm with international experience, resources and perspective. With more than 2,200 people and coverage across the UK, Europe, Asia-Pacific, Latin America and North America, we combine astute commercial awareness and global reach. Follow us on NZ