Areas of Specialisation

Banking and Finance 
Project Finance 
Commercial Property
Personal Property Security
Commercial Law

Contact

t: +64 9 355 1539
m: +64 21 674 864
e: bernard.smith@dawsonharford.com
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Bernard has extensive experience in the areas of banking and finance and commercial law. He has over 30 years' legal experience advising both lenders and borrowers on domestic and international lending transactions, including project and acquisition arrangements.

He also advises on corporate and consumer financing and associated regulatory issues including the current financial services law reforms which are occurring in New Zealand.

Bernard is a Councillor of the Auckland District Law Society Inc and recently retired after nine years as a member of a New Zealand Law Society Auckland Standards Committee.

Examples of significant transactions:

  • Advising an issuer in the initial establishment of both Commercial Paper and Medium Term Note Programmes and subsequent increases and variations.

  • Advising on issues relating to the change of Registrar and Paying Agents under CP and MTN Programmes.

  • Advising on and drafting retail finance and point of sale documents for a major finance company including compliance with Credit Contract and Consumer Finance Act 2003, Personal Property Securities Act 1993 and associated consumer laws.

  • Advising on and drafting wholesale financing loan facilities and securities for loans made available to borrowers.

  • Advising on issues relating to the impact of the GST increases on various financial products.

  • Advising lenders on project funding and development facilities and securities.

  • Advising borrowers on corporate banking and security arrangements.

  • Drafting Terms and Conditions of Trade and Supply.

  • Negotiating supply agreements between manufacturers and distributors of IT equipment.

  • Advising on farming and viticulture structures including options to purchase, access agreements, and mineral rights.

  • Advising on various pieces of legislation which impact on the banking and finance sector including the Motor Vehicle Sales Act 2003; Consumer Guarantees Act 1993, Fair Trading Act 1986, Unsolicited Electronic Messages Act 2007; Personal Property Securities Act 1999; Privacy Act 1993; Financial Advisers Act 2008, Financial Service Providers (Registration and Dispute Resolution) Act 2008 and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.