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MinterEllisonRuddWatts

MinterEllisonRuddWatts
MinterEllisonRuddWatts
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  • Tech Suite | Cryptocurrency law: Navigating jurisdiction, scams, and enforcement
    Send us your feedback 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.Please get in touch to receive an episode transcript and don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at For show notes and additional resources visit minterellison.co.nz/podcasts
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  • Trusted Insights | Understanding property acquisition pathways for AIP visa holders
    Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts
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  • Trusted Insights | Understanding tax residency in New Zealand: What new migrants need to know under Active Investor Plus
    Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts
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  • Trusted Insights | Navigating the Active Investor Plus Visa: Opportunities for high-value immigration
    Send us your feedback For show notes and additional resources visit minterellison.co.nz/podcasts
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  • Tech Suite | New Zealand crypto trends with Nicolas Turnbull
    Send us your feedback In this episode, Financial Services partner Jeremy Muir sits down with Nicolas Turnbull, Co-Founder of Crypto Consulting NZ, to explore New Zealand’s rapidly evolving crypto landscape. Jeremy and Nicolas discuss adoption trends and grassroots innovation in New Zealand, and offer practical insights for navigating digital assets.[01:25] Nicolas explains how his journey through New Zealand’s crypto landscape has evolved. From his early days mining Ethereum and co-founding Cryptocurrency NZ to launching Crypto Consulting NZ, which supports everyday Kiwis and businesses navigate the complexities of digital assets.[02:45] Jeremy and Nicolas discuss emerging cryptocurrency adoption trends in New Zealand, highlighting market innovators like Lightning Pay and Pay It Now. They note a growing interest across diverse demographics, industries, and retail sectors alike.[04:35] They highlight various local grassroots events and initiatives that are helping support continued growth and development in the industry, such as Australia’s Crypto Convention and the Web3 hackathon.[05:57] Jeremy and Nicolas discuss the rising risks of scams and crypto-related disputes as adoption grows, and explore how blockchain transparency tools, such as Chainalysis and Etherscan, can aid investigations when these issues arise.[09:13] They delve deeper into crypto scams, discussing common red flags, the process of supporting victims, the challenges of recovering stolen or misplaced assets, and the importance of secure storage, including the use of cold wallets.[16:38] Jeremy reflects on New Zealand’s cautious regulatory stance on crypto, drawing on his experience as an independent advisor to the Finance and Expenditure Parliamentary Select Committee Inquiry into Cryptocurrencies, he outlines the three key priorities for future policy: consumer protection, industry enablement, and public education. They reflect on global jurisdictions such as Europe, Australia and the US having advanced crypto regulatory framework, while New Zealand is only beginning to engage more actively in shaping its regulatory approach. Information in this episode is accurate as at the date of recording, 15 August 2025. Please contact Jeremy Muir or our Financial Services 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. You can also email us directly at [email protected] and sign up to receive technology updates via your inbox here.  Additional resourcesCrypto Consulting NZ - New Zealand 1 on 1 Crypto Mentoring Pay It Now (PIN) - NZ's Leading Blockchain InnovatorBuy Bitcoin in New Zealand » Lightning PayFor show notes and additional resources visit minterellison.co.nz/podcasts
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Welcome to the MinterEllisonRuddWatts' podcast library. Here you will hear from some of New Zealand’s leading lawyers on the latest trends, topics and issues impacting New Zealand businesses today.
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