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Davenports Harbour Lawyers

Areas of Expertise: Davenports Harbour Lawyers provide strategic commercial advice to a wide range of businesses on all aspects of franchising and intellectual property law with a particular focus on creating “bankable” franchise arrangements.
Locations Serviced: Davenports Harbour Lawyers are based on Auckland’s North Shore but act for clients from all over New Zealand (as well as clients that are based overseas and are wishing to bring their franchise systems into New Zealand).
Clients: Franchisors and franchisees, for example: The Coffee Guy, Nando’s New Zealand, Caffe Italiano, Refresh Renovations, Little Kickers, Kristal Bond, Murder Burger, Green Door and Eric Rush (New World franchisee)
Other Services: Davenports Harbour Lawyers are recognised by key service providers and bankers to the franchise industry as leaders and specialists in the franchising field and through these strategic alliances they are able to add value to their clients far beyond the provision of legal services.
Members of the: Franchise Association of New Zealand Inc, NZ Law Society and Auckland District Law Society.
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Davenports Harbour Lawyers are part of a franchise leadership group made up of key industry service providers, bankers and the Franchise Association of New Zealand Inc, all of whom have been instrumental in establishing New Zealand’s first bi-annual franchise survey in conjunction with Massey University.

The firm has also chosen to recognise outstanding businesses by being sponsors of the Best Emerging Business on the North Shore at the 2010 Westpac Enterprise North Shore Business Awards.

Davenports Harbour Lawyers can assist with the following:

  • The creation of intellectual property bunkers so as to put in place effective structures for the protection of all aspects of intellectual property relevant to a franchise system;
  • The provision of effective strategies for the protection of trade marks, logos and brands in both New Zealand and Australia;
  • Project management in respect of the global protection of trade marks;
  • Drafting franchise documentation which a funder can “bank” comfortably with (including application forms, confidentiality agreements, preliminary agreements, disclosure documents, master and sub franchise agreements, breach notices and termination notices);
  • Preparation of agency agreements, supply agreements, distribution agreements and terms of trade;
  • Sale and purchase of franchise businesses (including preparing agreements for sale and purchase, attending to company incorporations, shareholder arrangements, completion of due diligence investigations, reviewing leasing and licensing arrangements, advising on bank loan and security documentation, putting in place effective asset protection measures and completion of settlements);
  • Performance management and subsequent termination of poor performing franchisees including creating commercial solutions to mitigate the exposure of bankers and suppliers.

If you think franchising is for you, you want to make sure you get it right. Davenports Harbour can help you get it right by offering you franchising solutions - both legal and practical - and an in-depth knowledge of franchising. Davenports offer a free one hour consultation for all new clients. Please call one of our team members today to make an appointment.

Here is what some of our client’s have to say about us:

The Coffee Guy

“Davenports Harbour have been instrumental in the strategy growth, development and implementation of The Coffee Guy’s Franchise documentation and therefore entire system. It is a pleasure dealing with practical down to earth legal professionals that get the job done. We look forward to further growth in our relationship and recommend their services unequivocally.”

Nandos New Zealand

“For us at Nando’s New Zealand we have been fortunate to have been partnered with the team at Davenports Harbour, including partner Scott Goodwin and senior solicitor Ruth O’Brien. Both of them have provided us with an exceptional level of professional advice. Unlike the traditional lawyer, Scott takes time to understand the business and provides the advice that ensures the business maximizes its potential. Scott ensures that he provides services that equates to being one of our management team members.

Scott’s enormous amount of franchising experience makes him a great asset for any company. When it comes to urgent matters, Scott and Ruth manage to assist me almost immediately.

The best part about the team at Davenports Harbour is that each member knows you personally and for a medium size company like ours we feel welcomed at their offices. I would recommend Davenports to any company as they would benefit you if you want effective and comprehensive advice.”


Caffe Italiano

“Caffe Italiano is a new Café/ Restaurant franchise enjoying considerable success in Wellington and about to be launched nationwide. A first for New Zealand, Caffe Italiano provides its customers with an authentic yet affordable dining experience incorporating the best of imported Italian coffee and food ingredients including cheeses, cured meats and pasta. With 6 locations currently operating in Wellington, plans are now well underway to take the Caffe Italiano experience to rest of New Zealand.

Caffe Italiano has engaged Scott Goodwin from Davenports Harbour to take care of all legal matters surrounding the establishment of our Franchise system. The decision to use Scott and his Team was a "no-brainer" decision. Their outstanding experience and reputation within the complex area of Franchising was obviously a major factor but it was Scott's passion and enthusiasm that became the final influencing factor in that decision. As we are just at the beginning of our journey into the world of franchising, having the Davenports Harbour team on board allows us to focus on developing and improving our front end products and services whilst being comfortable that the legal requirements of the business are taken care of.”


Refresh Renovations

“Refresh Renovations was never going to be a ‘cookie cutter’ franchise model and we had many options on just who to choose help format the critical tipping points around the Franchise agreement. Our choice of legal guidance from Davenports has been one of our best moves to date.

The team at Davenports surpassed our expectations’ in both energy and passion for our business model and delivered the essence of our innovative offer in a concise and articulate document. The agreement balances views, needs and value delivery for both the Franchisee and the Franchisor. We could not be happier with the professionalism, input, and guidance that Davenports have delivered to the Refresh Renovations model. Their work will form a solid strategic foundation for our business growth.”


Kristal Bond


“Thank you Davenports Harbour Lawyers. Without your professionalism, my franchise business would not have got off the ground. For this I cannot thank you enough. May our relationship prosper until we can enjoy the Ocean on my yacht!

KristalBond is the latest innovation in the glazing world. It is a crystal clear liquid coating that chemically bonds onto the interior surface of the glass to give you a U-Value of 3.46 and blocks 99% of the damaging UV rays that fade furniture.”


Murder Burger

"Murder Burger is an irreverent burger brand who have developed the skills and expertise for producing New Zealand’s best gourmet burgers.

As leaders in the field of franchising, the team at Davenports Harbour Lawyers have provided legal guidance and mentoring that is simply world class. But what really sets them apart is that they’ve delivered their services with a passion and enthusiasm for our business that is nothing short of humbling and through the process have become our friends. These guys are not normal lawyers!!"


Green Door

"Green Door is an established though revolutionary New Zealand company committed to the delivery of innovative, high-value real estate services. Their dual 'best of both worlds' model offers vendors their choice of either a supported private sales package or an REAA licensed agent service. Either way, Green Door makes the real estate sales process as ethical, transparent and rewarding an experience as possible for all their clients.

Following a recommendation, we first approached Scott Goodwin from Davenport Harbour Law in April 2008 for advice and assistance regarding the purchase of the Green Door brand and a remodelling of its franchise structure. From the very start we were impressed with Scott's professionalism, his enthusiasm and with his ability to deliver tangible results on our behalf. He has remained a vital part of Green Door's advisory team ever since and has recently drawn up a new franchise agreement which will form the basis of Green Door's launch of its new business model nationwide. In addition to Scott's valued contribution, we have found the entire team at Davenport Harbour Law always willing to assist us in numerous matters relating to our business. Without wishing to rely too heavily on Green Door's own strapline, Scott Goodwin and his team really have delivered us “results with real value."


Eric Rush – New World, Browns Bay

"Davenports Harbour is very thorough in every detail."

Davenports Harbour Lawyers News

Legal advice on exporting franchise systems into Malaysia
28/03/2011 - Legal advice from Davenports Harbour Lawyers regarding exporting ...
Davenports Harbour Lawyers give franchise advice about franchisor liability
25/03/2011 - In some overseas courts franchisors have been found liable for ...
Intellectual property advice for franchises from Davenports Harbour Lawyers
23/03/2011 - Many franchises do not realise the types of intellectual property ...
Franchisors favoured in Court of Appeal decision of David Anor V TFAC Limited
21/03/2011 - The High Court decision in the case of David Anor V TFAC Limited ...
Davenports Harbour Lawyers give franchise advice for overseas exporting
18/03/2011 - Davenport Harbour Lawyers give franchise advice on franchise ...
Davenports Harbour Lawyers report on governments decision not to create franchise specific legislation
16/03/2011 - Davenports Harbour Lawyers give franchise advice on franchise ...
View All Davenports Harbour Lawyers News

Davenports Harbour Lawyers Legal Advice

Scott Goodwin

Scott Goodwin, Partner, Davenports Harbour Lawyers Scott Goodwin
How Do I Unlock the Potential of My Franchise System?
How Do I Unlock the Potential of My Franchise System?Franchising is currently in a state of flux. In particular, the recent recession has meant that a number of once successful franchise systems have encountered financial ...

Contact Davenports Harbour Lawyers

Email Company Visit Website
331 Rosedale Road,
Building 2, Level 1
Albany, Auckland
0632
Tel: +64 9 915 4380
Fax: +64 9 915 4389
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