Responsible marketing, privacy, and compliance
Marketing Law is back putting the focus on marketers’ responsibilities from a legal and ethical perspective.
From misleading claims, vulnerable consumers, and copyright to consumer consent and privacy, this four-part online series will get you up to date in no time!
Keith is the MA’s consultant who advises members and MA staff on legislative and regulatory stuff. Actually, he helps out on almost any marketing question. He is a passionate advocate for data-driven marketing and honest, transparent marketing. Except for Wednesday - Wednesday is golf day.
Sarah Lee, Senior Associate
Hilary Souter, Chief Executive
Advertising Standards Authority
We are setting the scene with a quickfire round of recent cases, developments and new or proposed law changes from NZ and around the world. Find out what you may have missed and why it matters.
Sarah is a senior associate in Simpson Grierson’s specialist Sales and Marketing law team and helps clients navigate the intricate laws that govern the selling, marketing and delivery of products and services.
Sarah provides compliance and practical strategic advice in the areas of advertising, venues and sport, consumer protection law (fair trading, consumer guarantees and privacy), marketing, promotions, on-line trading and customer interaction, gambling, distribution, events, sponsorship, and branding issues.
Hilary Souter is the Chief Executive of the Advertising Standards Authority and has spent over 25 years working in the wider media industry on a range of issues to support responsible advertising.
She manages code reviews for food, children, alcohol, gambling and therapeutic and health advertising, and runs the secretariat that annually processes over 1500 enquiries and complaints.
Vanessa Horne, General Manager - Fair Trading
Katrina Hammon, Partner
Get up to date on the Commerce Commission and Fair Trading Branch’s focus and priorities for the next twelve months. You’ll hear about new legal requirements that will impact businesses, including Country of Origin labeling for food claims and changes to the Fair Trading Act; learn lessons from recent cases investigated by the Commission, and get to look at the Fair Trading Act from the Regulator’s perspective.
The session will cover:
Vanessa manages the Commission’s Fair Trading branch. She is a highly experienced and capable leader in strategy, operations, policy development, service design, and law. Before joining the Commission in April 2021, she was Group Manager, Overseas Investment Office at Land Information New Zealand. Vanessa has extensive ministerial, legislative and regulatory experience. Her regulatory and legal background spans many regulatory systems including overseas investment, intellectual property, health and safety, emergency management, occupational regulation, rural broadband and energy safety. Vanessa also has a strong track record of growing and developing people and building strong, impactful teams through periods of change. Vanessa has a Masters’ degree in Public Policy from Massey University, a law degree from Otago University and is a proud supporter of the Government Regulatory Practice Initiative (G-Reg).
Part 1: Bunnings
This session will focus on the key lessons from the recent Commerce Commission case against Bunnings that was dismissed by the Auckland District Court. This case related to allegations of misleading representations by Bunnings offering price promises such as “lowest price guarantee”. The judgment provides some clarification of the law and use of broad marketing statements price promises. Key lessons for marketers to consider as a result of this case include:
Part 2: Hell Pizza
Hell Pizza is well-known for its cheeky marketing campaigns that tend to push boundaries and create controversy – but also a lot of airtime! Our presenter, Katrina Hammon from legal firm Wynn Williams works closely with the Hell Pizza team and will give a fascinating insight into the learnings from several campaigns – from the Valentine’s Day sex toy give-away, to its most recent “Greta can go to Hell” messaging.
Katrina advises on a broad range of corporate and commercial work, including competition and consumer law and advertising and marketing.
She represents leading national and international brands and provides advice as to how to best comply with legislation and regulations including the Medicines Act, Fair Trading Act, Privacy Act and Advertising Standards Authority codes. She is also experienced in reviewing advertisements and promotions, drafting terms and conditions, and making or responding to Advertising Standards Authority complaints.
Katrina is well known across Australia and New Zealand, and regarded as a leading consumer markets lawyer. She has wide-ranging experience in the retail, grocery, distribution, travel, fashion, therapeutic goods, hospitality, beauty and hair, medical, media and advertising and consumer finance services sector.
John Edwards, Privacy Commissioner
Sharon Abbott, Head of Data Governance
How do you protect your brand and your data when thinking about sharing data with partners? What needs considering if a partnership involves bringing data in and/or sending data out of the organisation? Join us for a thought-provoking discussion with ANZ’s Data Governance Lead, Sharon Abbott.
Anchali Anandanayagam, Partner
Hudson Gavin Martin
Lynell Tuffery Huria, Partner
Anchali is driven by the challenge of new tech, new ideas and new problems to solve. From dark fibre procurement to emerging technologies, Anchali’s work goes beyond connecting the legal dots to helping clients seize opportunities that realise their true business potential. An expert in all legal aspects of tech, media and telecommunications, in the last 15 years Anchali has advised public and private customers and their suppliers alike on tech, media and telecommunications products and services.
She is a member on the AI Forum working group on AI awareness, advises on tech adoption and innovation, and works with local and international content producers and suppliers to the media sector. With qualifications from the University of Otago, she gained experience with various local and global organisations, including as senior counsel for Pacific Fibre.
Anchali is highly recognised in the leading legal international rankings. Chambers and Partners said Anchali is not only "an experienced lawyer with amazing technical skills," but also "a relationship builder who can deal with people at all levels both within and between organisations.” They go on to say: "There's a real benefit having her on our side."
Anchali sits on the board of Women in Film and Television New Zealand.
As a marketer, it is incredibly important that you understand and respect tikanga and avoid inappropriate use of Māori words, imagery, and design elements. But currently, this area is guided by a mix of law and lore with no clear guidance on IP rights, making it hard for marketers to know how to approach the issue from a best practice perspective.
While the current Copyright Act review intends to address these shortcomings, marketers need to understand not just the legal side but also the ethical and practical implications for their brand.
Join this session to learn more, including examples of do’s and don’ts from recent cases.
Ko Taranaki te maunga, ko Tangahoe ko Waingongoro ngā awa, ko Aotea te waka, ko Ngāti Ruanui, ko Ngāruahine ngā iwi.
For over 30 years, Lynell has specialised in all aspects of trade mark protection, management and enforcement. She has acted for a diverse range of clients around the globe, including sole traders, start-ups, whānau, hapū, and iwi organisations in New Zealand, and multinational companies across North America, South America and Asia.
Lynell is regarded as one of New Zealand’s leading experts on indigenous intellectual property (IP) law in New Zealand and the Pacific. She specialises in advising Māori organisations on IP issues and is passionate about helping Māori navigate the IP system. In her experience, IP is seen as expensive and not in alignment with Te Ao Māori. She is committed to bridging the two world views.
She currently chairs the Indigenous Rights Committee for the International Trademark Association.
In 2018, she was a member of the organising team for the first Ngā Taonga Tuku Iho conference.
Lynell has also written advice for Māori on the Plant Variety Rights Act review and is co-author of the paper entitled Māori Interests and Geographical Indicators – Strategic Intellectual Property Management enabling Māori whānau development.
Lynell is also an experienced board member, having served in a number of governance positions.