Tony Baldwin
Business | Policy
 
 
     
 
 
 
 
 
 
     

Company and Commercial - Examples

Co-operatives

As leader of the Producer Board Project Team , and subsequently as an adviser to various industry parties, Tony has been closely involved in analysing and re-organising supplier marketing co-operatives, including the NZ Dairy, Apple + Pear Board, Kiwifruit, Meat, Wool, Pork, Hops, and Raspberry Boards, all of which were operated under a co-operative philosophy. Many of those boards have restructured to become co-operatives. Tony has written extensively on New Zealand’s largest company, Fonterra and the dairy industry.

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Tony was invited to present to an international workshop in February 2007, organised by the Global Corporate Governance Forum - an organisation established by the World Bank and the OCED. The London workshop focused on governance issues facing co-operatives, particularly in developing countries. Tony presented on “Renewal of Co-operatives – Traditional to New Generation”

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Corporate re-structuring

Tony advised Federated Farmers on the constitution proposed for Meat and Wool New Zealand. To read a copy of this report, click here.

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Tony also led the team that developed the legal framework for corporatising the NZ Apple and Pear Board (ENZA),the NZ Kiwifruit Board (ZESPRI), and the NZ Dairy Board

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Tony also led the team that developed the legal framework for, and oversaw the corporatisation of, Contact Energy, Meridian Energy, Mighty River Power, and Genesis Energy

contact logo mighty river logo genesis logo meridan logo

 

Companies Act and Governance

While on secondment to the Department of Prime Minister and Cabinet, Tony was heavily involved in developing key aspects of the current company law regime.

As a company and commerical lawyer, Tony advised a range of boards on their duties and obligations as directors. Tony was invited to address the 8th International Conference on Corporate Governance in London in September 2007

 

Contract analysis and negotiations

Thales Group is a large Anglo-French electronics multi-national. Tony worked in its legal team on commercial transactions with parties in the USA, UK, India and the Middle East, preparing:

  • Requests for tender
  • Partnership agreements, and
  • Equipment supply contracts
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Tony helped the Thales Group to resolve a major contractual dispute with EDS in relation to an electronics supply agreement in the United States.

 

In early 2007, Tony was engaged by the Government to review and help develop a NZ Defence Forces proposal to acquire satellite communication services at a reported cost of $100m.

 

Project Protector: NZ Government and BAE Systems Australia (2008 -09)
Starting in September 2008, Tony provided project management and advisory services to the New Zealand Government in relation to a major contract dispute arising from the Crown’s purchase of seven new ships for the NZ Navy from BAE Systems.

 

Public share floats, mergers and take-overs

Chapman Tripp Sheffield Young: Between 1984 - 89, Tony:

  • Co-ordinated the first equity prospectus to be registered in both Australia and NZ
  • Co-ordinated the documentation for other public floats
  • Advised on take-overs and company reorganisations
  • Helped to restructure State-owned enterprises
  • Manage the legal work for the trustee of the Fletcher Challenge and BIL debenture trust deeds
  • Analysed the scope and nature of directors' potential liabilities under the Resource Management Act
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Commerce Act

Tony was closely involved in ensuring that Commerce Act requirements could be satisfied:
  • In forming the New Zealand electricity market (NZEM), and
  • Under a proposed 'mega-merger' of New Zealand's dairy co-operatives

Tony has also been involved in two reviews of the Commerce Act, including its approach to vertically integrated natural monopolies

 

Industry facilitation

Transpower (2008 – 10)
In late 2009, Tony facilitated an industry workshop for Transpower on its T2040 strategy. In August 2008 and January 2009, Tony facilitated workshops for Transpower’s Grid Investment division in relation to its organisational strategy. In March 2010, Tony facilitated a workshop for Transpower’s Systems Operation division in relation to its organisational strategy.

Telecommunications: Local loop unbundling (2006-08) - Tony led two working parties established by the telecommunications industry to develop technical and operational rules for the implementation of ‘local loop unbundling’ and ‘naked DSL’ in New Zealand

Transpower’s grid upgrade proposals (2007)
In mid-2007, Tony assisted Transpower in planning and managing stakeholder workshops on various grid investment proposals, in particular for North Auckland and Northland, Waitaki to Christchurch, and the HVDC Pole 1 retirement or replacement.

Transpower review of grid investment processes (2006-07)
Tony is assisting Transpower in its review of various internal and external processes that need to come together to make efficient investment decisions in relation to the national transmission grid, including approvals from Transpower’s board, the Electricity Commission, local authorities, and land owners. Transpower’s review includes internal workshops, and consultation with stakeholders

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Hedge Market Development Group (2004-06): Tony chairs a group of senior executives to agree on a package of measures to improve the market for instruments used in managing electricity spot and basis price risks

Model electricity retail contracts : Tony successfully chaired this group of industry executives and consumer representatives in developing a draft set of model electricity retail contracts (before the formation of the Electricity Commission)

 

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