Beyond compliance: Is marketing best practice keeping up with consumer expectations?
Society is changing – and this is reflected in what consumers find acceptable when it comes to advertising and marketing practices. Today’s consumer expects organisations to protect their personal data, and not afraid to voice their opinion if brands pretend to be something they’re not. This places increased responsibility on brands to step up and get it right. You need to earn your customers’ trust by being transparent, truthful, and compliant.
Hilary Souter, Chief Executive
Advertising Standards Authority
Cheri-Lee Atkinson, Senior Legal Advisor
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.
Ko Tainui te waka
Ko Taranaki raua ko Whitireia te maunga
Ko Ngāti Toa, Ngāti Tama, Ngāti Mutunga raua ko Ngāti Koata te iwi
Ko Takapuwahia te marae
Ko Cheri-Lee toku ingoa
Cheri-Lee has recently joined Te Whakakitenga o Waikato Incorporated (Waikato-Tainui) as its Senior Legal Advisor. Prior to her in-house role with the tribe, she was a corporate/commercial law specialist in private practice and part of the team that delivered legal innovation solutions to SMEs. Cheri-Lee’s role at Waikato-Tainui includes helping the tribe to protect its intellectual property and mātauranga Māori.
Vanessa Horne, General Manager - Fair Trading
Ciska de Rijk, FMCG and Advertising Law Consultant, Essence Compliance
We have invited the Commerce Commission to give a general update on their priorities, new functions and new legislation - and what marketers can learn from recent cases and investigations.
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).
Increased public awareness of environmental and social issues is driving brands to make bolder claims around their credentials, only to find themselves in hot water when they can’t substantiate their claims and are called out by consumer activists.
In this session, we look at the law around false, misleading, implied and unsubstantiated claims. Our presenter will take you through what you need to do to back up your claims and ensure that there’s no discrepancy between what you’re saying and what you’re doing.
Ciska is legally trained as a lawyer and worked for top-tier commercial law firms in both Australia and New Zealand, prior to becoming a regulatory compliance specialist.
Ciska has a Bachelor of Science degree from the University of Otago and a first class honours law degree from the University of Waikato. She has been admitted to the High Court of New Zealand, Supreme Court of Victoria and the High Court of Australia. These qualifications make her uniquely placed to advise on technical scientific and regulatory laws in the food, medicine and cosmetic space as well as understand the real commercial needs of a business.
Ciska is a member of the New Zealand Institute of Food Science & Technology and Natural Products New Zealand, and has good relationships with key people within various industry organisations and Government Departments across Australia and New Zealand.
In her previous roles she has worked for many well-known large multi-national FMCG companies as well as small start-ups, providing product compliance and marketing advice. She also has extensive in-house counsel experience due to on-going secondment work for two large multi-national food companies covering Australia, New Zealand and Asia.
Daimhin Warner, Principal & Director, Simply Privacy
Ben Cain, Senior Associate, James & Wells
Controlling the creation and use of a brand’s intellectual property assets is a fundamental part of a marketer’s role. But these days, when content is created daily on so many platforms and not just by marketers but equally by brand ambassadors, users, and the wider team, this can become a real challenge.
Ben specialises in resolving disputes concerning registered and unregistered trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information. His passion is resolving trade mark, copyright and domain name disputes, having spent 14½ years as a professional marketer and brand design manager in the UK and New Zealand before being admitted as a lawyer in 2010.
From 1993 to 2000, armed with a Masters in International Marketing from the University of Strathclyde and a Diploma in Marketing from the UK Chartered Institute of Marketing, Ben worked in the United Kingdom as a marketer for several national brands including Raleigh Bikes and Sellotape. In 2000, he moved to New Zealand and continued his marketing career with Boots Healthcare as the Nurofen brand manager. In 2003, he ‘jumped the fence’, proceeding to work in account management roles for two prominent New Zealand brand design agencies before ‘turning to the dark side’ in 2009 and joining James & Wells as a member of the firm’s litigation team.
Ben has appeared in dispute resolution forums both in New Zealand and overseas and since 2020 has been recognised by World Trademark Review 1000 for his expertise in trade mark enforcement and litigation in New Zealand. The mainstay of Ben’s practice is representing local and international clients in trade mark proceedings before the intellectual property offices of New Zealand and Australia as well as advising clients more broadly in relation to both protection and enforcement of IP rights online and offline.
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.