Mark Ford, Counsel

For most of his professional life, Mark has practised in corporate and commercial law.

Mark's commercial experience encompasses all facets of commerce from setting up new ventures through to advising receivers, liquidators and stakeholders in distress situations.

Leading up to the 1993 Companies Act,he was a member of the WDLS Commercial Committee and assisted with submission preparation to the Justice and Law Reform Committee.

Mark has extensive experience advising on matters of governance and management in the context of corporate and commercial insolvency as well as negotiating settlement and recovery arrangements representing a variety of parties including directors, receivers, liquidators and claimants.

He has extensive experience in tendering and procurement or bid process areas as well as the negotiation processes associated with that in a number of fields including construction and ICT.

In addition to the negotiation associated with procurement and contracting generally, he has also on occasion acted as negotiator on significant (NZ$20M to NZ$120M) disputes arising out of mergers and acquisitions, development contracts and JV agreements and related transactions.

Although Mark has a good working familiarity with New Zealand’s ‘generic’ legislation, he has particular experience with:

  • The Commerce Act in the context of anti-competitive behaviour and market dominance issues.
  • The Crown Research Institutes and State-owned Enterprises Acts.
  • The Local Government Act and the Local Authorities (Members’ Interests) Act as they relate to the commercial transactions Mark has advised on.
  • The Fair Trading Act with particular reference to comparative advertising, endorsements and tender and procurement processes.
  • The Copyright Act with reference to plans, reports and material included in or commissioned through tender and procurement processes.

Mark is familiar with licensing issues associated with intellectual property at various levels and across different industries and has produced and delivered training seminars covering negotiation and contracting issues surrounding intellectual property as it relates to licensing, research and development.

Mark is a member of the Inter-Pacific Bar Association, the New Zealand Credit and Finance Institute and the Technology Law Society as well as a past member of the ICANZ Commercial and Company Law Committee.

Outside work, Mark is a keen motor sport fan and was instrumental in establishing the team that came second in the New Zealand Formula Toyota Series in 2006.