Franchising Guide

October 2017

www.simpsongrierson.com

Contents

Section Page Introduction ...... 1 Regulation of Franchising ...... 2 Structuring a Franchise System ...... 3 Trade Practices ...... 5 International Trade ...... 7 Intellectual Property Rights ...... 8 Employee Relations ...... 10 Tax ...... 11

Introduction

This guide provides insight into the regulation of franchising in New Zealand. The content, SIMPSON GRIERSON which is in summary form, is intended to serve Simpson Grierson is one of New Zealand's as an introductory guide only and is not to be leading commercial law firms, and also one of relied on. Detailed advice should be obtained the largest. We have over 330 staff, including to cover a specific fact situation. 49 partners and more than 175 legal staff, in our Auckland, Wellington, and Christchurch The information in this guide is accurate as at offices. October 2017 and will be updated regularly. We are a full-service law firm and are proud of If you would like help with your franchising our reputation for providing expert, yet matter in New Zealand, please liaise with your practical, advice across all areas of commercial usual Simpson Grierson contact or one of the law. We are a "plain English" firm. following: We have excellent international connections.

Michael Pollard , Head of Department We are New Zealand's only member of Lex Corporate & Commercial Mundi, the world's leading association of independent law firms. We are a co-founder of DDI: +64 9 977 5432 the Pacific Rim Advisory Council. Our partners Mobile: +64 21 400 852 include members of the International Bar [email protected] Association and the Inter-Pacific Bar

Association. Don Holborow Corporate & Commercial Our website is at www.simpsongrierson.com.

DDI: +64 4 924 3423 Mobile: +64 29 924 3423 [email protected]

Earl Gray Intellectual Property

DDI: +64 9 977 5002 Mobile: +64 29 977 5002 [email protected]