Business & Commercial Law
Better Business Decisions
Practical Advice. Clear Agreements. Less Risk.
Running a business means making decisions every day. We help you understand your options, manage risk, and put the right structures in place so you can move forward with confidence.
How we can help
Practical support across every stage of your business.
We work with you to simplify legal decisions, reduce risk, and put the right foundations in place. Our support includes:
- Buying or selling a business – from due diligence through to settlement
- Starting or restructuring a business – choosing the right structure from day one
- Shareholder agreements and governance – setting clear expectations and avoiding future disputes
- Contracts and commercial agreements – drafting, reviewing, and negotiating terms that protect you
- Business structures and tax considerations – working alongside your accountant to get it right
- Intellectual property protection – safeguarding your brand, ideas, and assets
- Commercial property and leasing – practical advice on leases and property matters
- Disputes and risk management – resolving issues early and protecting your position
Starting & Structuring a Business
Starting a Business
Set up your business properly from day one
Starting a business comes with a lot of decisions – from choosing the right structure to understanding your obligations.
We help you set things up properly from the start, so you can avoid common pitfalls and move forward with confidence.
Shareholder Agreements & Governance
Protect relationships and set clear expectations
Clear agreements help prevent misunderstandings and protect relationships.
We help you put the right rules in place around ownership, decision-making, and exit options, so everyone knows where they stand.
Charities, Trusts and other Not-for-Profits
Structure your organisation with confidence
Setting up and running a charitable organisation comes with its own requirements.
We provide practical advice to help you structure things correctly, meet your obligations, and operate with confidence.
Buying, Selling & Growing
Buying a Business
Understand what you’re buying and reduce your risk
Buying a business is a significant investment, and it’s important to know exactly what you’re taking on.
From due diligence through to final agreements, we guide you through the process so you can identify risks early and move forward with confidence.
Selling a Business
Prepare properly and exit with confidence
Selling your business involves more than just finding a buyer.
We help you prepare for sale, structure the deal, and negotiate terms that protect your position so you can achieve a smooth and successful exit.
Buy & Sell Agreements
Plan ahead and protect your business interests
Unplanned events can have a major impact on your business.
We help you put clear agreements in place to manage ownership changes, protect all parties, and provide certainty when it matters most.
Business Finance & Loans
Secure funding with clear and workable terms
Finance arrangements can be complex and carry long-term implications.
We support you through lending agreements, helping you understand the terms, manage risk, and ensure everything aligns with your business goals.
Growing your team
As your business grows, so do your responsibilities as an employer. Whether you’re hiring, restructuring, or managing staff, we can support you with practical advice – learn more about our
employment law services.
Contracts & Protection
Contracts & Commercial Agreements
Set clear expectations and reduce risk
Well-drafted agreements are essential to avoid misunderstandings and protect your business.
We help you create, review, and negotiate contracts that are clear, practical, and work in the real world.
Intellectual Property & Trademarks
Protect your brand and what makes your business unique
Your brand, ideas, and content are valuable assets.
We help you put the right protections in place so you can safeguard your intellectual property and avoid unnecessary risk.
Regulatory Compliance & Competition Law
Stay compliant and avoid costly issues
Understanding your legal obligations can be complex, but getting it wrong can be costly.
We provide clear, practical guidance to help you stay compliant and manage risk as your business grows.
When agreements break down
Even well-drafted contracts can lead to disputes. If issues arise, we can support you to resolve them quickly and protect your interests – learn more about our dispute resolution services.
Risk, Compliance & Specialist Support
Tax Advice & Disputes
Specialist support when tax issues arise
Tax matters can be complex and high-risk.
We provide practical advice to help you manage obligations, respond to issues, and navigate disputes with confidence.
Business Risk – Warrant of Fitness
Identify risks early and strengthen your business
Our Business Warrant of Fitness review gives you a clear picture of where your risks sit.
We help you identify gaps, strengthen your foundations, and put practical steps in place before issues arise.
Ongoing Business Support
Practical advice as your business evolves
Not every decision needs a major transaction or dispute.
We provide ongoing, practical support to help you manage day-to-day matters, reduce risk, and make confident decisions as your business grows.
Expert Support for Your Business
Specialist advice when you need it most.
If issues arise, we work with you to resolve them efficiently and protect your position.
We also collaborate closely with our employment law specialists to support you with hiring, managing, and protecting your people – so you’re covered across both your business and your workforce.
Looking to get ahead of potential risks? Ask us about our Business Warrant of Fitness review – a practical way to identify gaps and strengthen your business foundations.
Talk to our team today and get clear, practical advice for your next step.
Meet our Commercial Team
Smith and Partners’ Commercial team supports businesses across Auckland and beyond with practical, commercially-grounded advice.
Many of our clients have grown with us over decades, and our focus is on building long-term relationships with business owners who value strategic guidance, full-service support and a team that understands the realities of running and growing a business.
Our commercial practice covers the full spectrum of business needs, including business sales and purchases, governance, succession planning, intellectual property, commercial property, regulatory compliance and commercial disputes. Because we are a full-service firm, clients benefit from seamless support across employment, trusts, estates, construction, dispute resolution, and private client matters. This allows us to provide consistent, long-term advice that evolves with their needs.
Bret Gower
Director
Peter Smith
Consultant
Chantal Laidler
Senior Solicitor
Tam Irvine
Senior Solicitor
Bethany Sweeney
Solicitor
Jude Dragh
Solicitor
Kelly Carter
Legal Executive - Personal Assistant
Supporting Businesses as They Grow
Many of our clients have been with the firm for decades, and we continue to support them as their businesses expand, evolve and transition to new ownership or leadership. Succession planning is a foundation area of our practice, allowing us to work not only with business owners but also with their wider networks and future decision makers.
Our aim is simple. We provide responsive, commercially sound, forward-thinking advice that helps businesses grow with confidence.
What it’s like to work with us
Hugh G, Pipeline & Civil Ltd
Bret understands our business, the nature of what we do, and importantly, our people. As an employee-owned company, he’s even attended our AGMs and has a real ability to explain complex legal matters in a way that’s clear and accessible - no jargon.
Webster
Chantal - Thank you for the work you have done for my business partner and I over the past few months. It seems like the bank managed to make it a bit more stressful that it needed to be but you were always there to keep on top of things and work through those last minute panic's. I know having to liaise with other lawyers in the final hours can not have been fun.
Hugh G, Pipeline & Civil Ltd
While Bret is our main point of contact and always across what’s happening, it’s also reassuring to have the wider team behind him to support the work as needed.
Shenine Dube
I’m so grateful we were referred to Bret from Smith and Partners. He was incredibly helpful and empathetic in supporting our small business. The entire team made the process easy to understand and guided us every step of the way. Chantal was also amazing! We couldn’t recommend this firm more, they helped us with both our lease agreements and the sale of our business. Thanks so much, Team!
Hugh G, Pipeline & Civil Ltd
Smith and Partners have been our company lawyers for many years - well before I joined the business - and that continuity has been incredibly valuable to us. We initially worked with Peter Smith, and over time Bret stepped in as our main point of contact, which has been a seamless transition.
Vipul Wadhwa
Bret was my lawyer he is amazing I just want to say thank you Bret for all your work on the S&P of my business. The service you provide was amazing and i really appreciate your kind and patient advice when i was getting stressed because my other solicitor messed up so much. I recommend you to everyone..
Linda
Bret has been the most amazing solicitor I have dealt with. Down to earth, honest, super efficient, super fast and extremely professional. If you are after a honest and competent solicitor, Bret is the man. Many thanks Bret!!
Hugh G, Pipeline & Civil Ltd
Bret understands our business, the nature of what we do, and importantly, our people. As an employee-owned company, he’s even attended our AGMs and has a real ability to explain complex legal matters in a way that’s clear and accessible - no jargon.
Webster
Chantal - Thank you for the work you have done for my business partner and I over the past few months. It seems like the bank managed to make it a bit more stressful that it needed to be but you were always there to keep on top of things and work through those last minute panic's. I know having to liaise with other lawyers in the final hours can not have been fun.
Frequently Asked Questions
What’s the difference between a commercial lawyer and a business lawyer?
The terms are often used interchangeably.
Both focus on helping businesses with contracts, structures, transactions and managing legal risk.
What matters most is working with a lawyer who understands how your business operates and can give practical advice that supports your goals.
When should I speak to a business lawyer?
It’s best to get advice early, before signing contracts, buying or selling a business, taking on investors or making structural changes.
Early advice helps you avoid issues rather than fix them later, and gives you more flexibility if something needs to be renegotiated or restructured.
Do I need a lawyer to review my business contracts?
Not always, but it’s strongly recommended.
A contract that looks standard may still expose you to risk or create obligations you didn’t expect.
We can review or draft agreements to make sure they reflect your interests and are enforceable.
What is the best structure for my business?
That depends on your goals, risk profile and tax considerations.
We work alongside your accountant to help you choose a structure that supports how you want to operate, protects your assets and allows room for growth.
What should I check before buying a business?
Due diligence is key.
This includes reviewing financials, contracts, leases, liabilities and any risks that may affect the value of the business.
We help you understand what you’re buying and ensure the agreement protects you from unexpected issues.
Do I need a lawyer when selling my business?
Yes.
Selling a business involves contracts, warranties, financial disclosures and risk allocation.
We help you prepare the sale documents, manage negotiations and ensure the agreement protects you after settlement.
What happens if a business dispute arises?
Early advice is important.
We help you understand your position, assess your options and resolve issues efficiently, whether through negotiation, mediation or formal action if needed.
The goal is always to protect your business and minimise disruption.
What legal documents does my business need?
Most businesses should have clear contracts, terms of trade and, where relevant, shareholder or partnership agreements.
These documents set expectations, reduce disputes and help your business run smoothly as it grows.
Can you work with my accountant or other advisers?
Absolutely.
We regularly collaborate with accountants, financial advisers and other professionals to ensure your legal, tax and commercial decisions all align.
This helps you get a complete picture and make confident, well informed decisions.
Can you support us with ongoing legal advice as our business grows?
Yes.
Many of our clients work with us on an ongoing basis for contracts, risk management, governance and day to day commercial decisions.
This continuity means we understand your business well and can give practical advice quickly when you need it.
How much does a business lawyer cost in New Zealand?
Costs vary depending on the work involved.
We focus on providing practical, cost-effective advice and will be clear about fees upfront so you know what to expect.
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