Focus Industry

Logistics and Transport

Summary

The logistics and transport sector is vital for the movement of goods and people across New Zealand and around the world. It is also a complex and challenging industry that faces various legal and regulatory issues. Whether you are an importer, exporter, carrier, port operator, airport operator, freight forwarder, or logistics service provider, you need a law firm that can handle the entire supply chain and provide you with practical and effective solutions.

That's where we can help. We are a leading law firm in the logistics and transport sector, with a breadth of services and industry knowledge to meet your needs – whether contentious or commercial. Our extensive experience and expertise includes domestic and international carriage and trade; forwarding, transport, warehousing and logistics contracts; purchasing, chartering and leasing of logistics assets and businesses; and cargo loss and damage claims. We work with some of the largest players in the industry, as well as those that rely on an efficient and effective supply chain, partnering with clients to deliver value and results for their business.

Key services

Carriage and trade law

Advising on domestic and international carriage and trade law, including the application of international conventions and domestic regulatory regimes to the movement of goods and passengers by sea, air, road and rail. We can also advise you on the various types of carriage and trade documents, such as bills of lading, waybills, consignment notes, delivery orders and letters of credit. We can assist you with any legal issues arising from the import or export of goods.

Asset procurement and business transactions

Advising on the purchase, sale, charter, lease and financing of planes, vessels, trucks, trains and warehouses, together with fuel and major container and cargo handling equipment, including associated financing and security. We also advise on the acquisition or disposal of logistics businesses, and can handle the entire transaction process, from due diligence and structuring to negotiation and closing – our knowledge of the industry is a key differentiator.

Contracts and documentation

Drafting, reviewing and negotiating template and bespoke contracts for your forwarding, transport, warehousing and logistics activities, including advising on port and stevedoring arrangements, supply and distribution arrangements, multi-modal carriage documentation, freight forwarding and warehousing and 3PL/4PL agreements.

IT systems and solutions

Assisting with the implementation and licensing of major IT systems and solutions for logistics and transport operations, such as warehouse management systems, cargo/asset tracking systems, electronic data interchange systems and blockchain platforms. We can also advise you on the terms and conditions for the use of these systems by customers and suppliers.

Warehouse and distribution centre leasing

Helping clients secure and manage the leasing of warehouse and distribution centre premises for their logistics and transport activities, advising on the commercial and legal aspects of lease agreements, subleases, assignments, renewals, variations, rent reviews, repairs, maintenance and disputes.

Port services

Negotiating and drafting contracts for marine services, stevedoring, provedoring, container depot and cargo handling services. We also advise on the regulatory and compliance issues affecting port operations, such as health and safety, environmental, customs and biosecurity matters.

Regulatory compliance

Advising on compliance with the relevant laws and regulations governing the logistics and transport sector in New Zealand, such as the Maritime Transport Act, the Ship Registration Act, the carriage of goods regime in the Contract and Commercial Law Act, the Land Transport Act, the Port Companies Act, the Civil Aviation Act and the Customs and Excise Act. We advise on critical employment and health and safety issues impacting on industry players and we can also assist with obtaining the necessary licences, permits and approvals for logistics and transport operations, and representing clients in any investigations, prosecutions or litigation by regulatory authorities.

Claims, enforcement and disputes

Assisting carriers and shippers alike to deal with claims for vessel, container and cargo loss, damage, demurrage and detention. We also assist clients to interpret, enforce and deal with supply chain disputes and advise on enforcement matters such as vessel (and cargo) arrests, liens and caveats, injunction proceedings and advice under the Admiralty Act.

Key people

Work Highlights

Advising WMS Group on the procurement (purchase and demise charter) of a foreign flagged 97m self-propelled barge from Singaporean owners to be used in connection with the export of heavy mineral sand and third party cargo carriage, including associated regulatory and employment advice. We have also advised on contracts of affreightment and charter parties for the international shipping of product and template domestic carriage terms.
Advising CentrePort in relation to the re-negotiation and later variation of a major, long-term freight carriage agreement with KiwiRail, together with associated multi-modal customer terms for the CentreConnect service.
Acting for Lyttelton Port Company in relation to critical container terminal services agreements with the world's largest shipping lines.
Advising Rhenus Logistics on template and bespoke contract logistics and freight forwarding agreements, including a services agreement with a leading New Zealand manufacturer.
Advising Autoterminal Japan on its NZ subsidiary's reappointment as a 'border inspection organisation' for structural inspection of vehicles at the vehicle's country of origin prior to entering New Zealand.
Advising a major NZ carrier on its regulatory responsibilities and risks concerning its transport service licence.
Acting for Lyttelton Port Company in relation to the procurement of pilot and tug vessels, gantry cranes and container and cargo handling equipment.
Advising Dairyworks Limited on a Software Licence and Services Agreement for Interlogic’s leading “MultiPick” Warehouse Management System.
Representing a client at the Singapore International Arbitration Centre in relation to a dispute involving the international shipping of product under a supply contract.
Acting for KiwiRail on the development and lease of its purpose-built train control premises in both Wellington and Auckland.
Acting for Rhenus Logistics Warehousing on its circa 10,000m2 warehouse lease at 39 Richard Pearse Drive.
Advising Woolworths on the sale and then on-sale of land in Christchurch for a new distribution centre.
Advised a major logistics operator on the purchase, development, leasing, and sale of its South Island logistics facilities.