In her usual witty and entertaining style, Chief Executive of the Advertising Standards Authority, Hilary Souter is back with a fresh look at the latest case studies and decisions with key lessons for marketers.

She will discuss the most complained about ads, social media influencers, and the new 10-point checklist for adverts.

About Hilary

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.

A practical look at navigating the issues surrounding mātauranga Māori and its relevance and relationship to New Zealand|Aotearoa intellectual property laws.

• What is cultural appropriation? Why does it matter in a New Zealand|Aotearoa context?
• What is culturally appropriate when it comes to appealing to a Māori audience, Te Reo Māori, or mātauranga Māori?
• How do you avoid cultural appropriation and the perpetuation of stereotypes? What you need to be aware of, and how you can approach your brand/marketing mahi while respecting Te Reo Māori.

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

About Cheri-Lee

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.

About Keith

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.

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.

• Our Fair Trading priority areas
• Our 5 regulatory programmes investigations and compliance focus
• Online marketing techniques, ‘call to action’ representations and robust internal business practices
• FTAA (unconscionability and do not knock) and Sunscreen

About Vanessa

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.

• What qualifies as a false, misleading, implied or unsubstantiated claim?
• Colours, pictures, logos and tag lines: what do your ads and packaging imply?
• Greenwashing and inferred environmental claims
• Social issue advertising and humane-washing claims
• Plant-based and alternative protein claims
• Recent cases and examples

About Ciska

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.

About Keith

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.

• Global trends towards even greater consumer privacy rights
• Key consumer concerns around how organisations are using / protecting their data
• Impact of poor privacy practice on customers’ trust in your brand
• How rapid tech change makes it difficult for privacy laws to keep up
• The privacy ‘red flags’ brands need to know when remarketing using 3rd party platforms

About Daimhin

Daimhin Warner is a Principal and Director of Simply Privacy, one of NZ’s leading privacy consultancies, providing privacy advice, strategy and training to business and government, in NZ and around the world. Daimhin is also NZ Country Leader for the International Association of Privacy Professionals (IAPP). A senior privacy professional with nearly 20 years' privacy and related experience, Daimhin earned his privacy stripes working with the Office of the Privacy Commissioner for 7 years, ultimately managing the Commissioner's Auckland Investigations Team. Daimhin then moved to NZ’s largest life insurer, where he created and headed a privacy team and programme, before co-founding Simply Privacy in 2015. Daimhin loves strategic privacy engagements and reflecting on the big picture (to anyone who’ll listen, including board directors or conference attendees), but he’s also quite comfortable in the detail. Daimhin holds an LLB, an LLM (Hons) in Public Law, and is a Certified Information Privacy Professional/Europe (CIPP/E).

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.

• Which IP assets are of most relevance to marketers in advertising and marketing communications?
• How do you acquire rights in those assets?
• How do you control those assets, including compliance with brand guidelines and the law?
• What can you do when someone uses your IP assets without permission?
  At the end of the session, attendees will be armed with the knowledge to review their current approaches to IP asset creation and management and implement any changes necessary to better protect their brands going forward.

About Ben

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.

About Keith

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.