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MinterEllisonRuddWatts

MinterEllisonRuddWatts
MinterEllisonRuddWatts
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  • Tech Suite | Game on: Legal essentials for creative industries
    Send us your feedback 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. You can also email us directly at [email protected] and sign up to receive technology updates via your inbox here.  For show notes and additional resources visit minterellison.co.nz/podcasts
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  • Tech Suite | Face value: Privacy insights on Facial Recognition Technology
    Send us your feedback 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. You can also email us directly at [email protected] and sign up to receive technology updates via your inbox here.  Additional resources:For show notes and additional resources visit minterellison.co.nz/podcasts
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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 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 | 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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About MinterEllisonRuddWatts

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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