Matt Smith

Matt Smith specialises in corporate and commercial law, with particular focus on the technology and electricity industries. Having practised in these areas in New Zealand and overseas since 2007, he brings a deep level of legal expertise and industry knowledge. His clients range from emerging companies through to large corporate and public sector organisations. Matt is passionate about supporting growth companies through their lifecycles and helping them reach key milestones along the way. He enjoys advising suppliers of new technologies with the potential to revolutionise industries and solve real problems.

Matt’s corporate and commercial work includes capital raising and investment, corporate restructures, employee share ownership plans (ESOPs), joint ventures and shareholders’ agreements, mergers and acquisitions, commercial supply agreements and standard terms and conditions.

As part of his technology practice he regularly advises clients on commercialisation and licensing matters, SaaS arrangements, systems procurement, outsourcing, partnering and distribution arrangements, and privacy/data protection matters.

In the electricity sector his experience includes solar energy arrangements, power purchase agreements (PPAs), smart metering and other technologies, and regulatory matters.

Clients appreciate Matt’s clear, concise and pragmatic advice and responsiveness. He quickly identifies the key issues, and (importantly) how to navigate through them to make a transaction happen. He believes the best results are achieved when clients and lawyers work together as a team.

Key Transactions

Advised:

• Insuretech company JAVLN on various SaaS arrangements with enterprise customers, an AUD6.7 capital raise and 'flip' to an Australian holding company, and its acquisition of JRNY’s AI-driven customer experience software.
• Medical record software provider Intrahealth Systems on the New Zealand aspects of its CAD19.25m sale to WELL Health. This multi-jurisdiction transaction included consideration payable in both cash and WELL common stock.
• Soft starter manufacturer, Aucom Electronics, on its sale to Unico Technologies Group.
• Solar energy provider SolarZero on the establishment of a new structure and contractual arrangements for the provision of large-scale solar installations for commercial and public sector customers. These arrangements involve a unique "solar as a service" model, and will help SolarZero's customers to deliver on commitments to reduce their carbon footprint by consuming lower cost, clean energy.
• Energy Solution Providers on its acquisition of the BraveGen carbon accounting SaaS business.
• SmartCo, a smart electricity metering joint venture formed by various lines companies, on its establishment and founding agreements, including a metering system supply agreement, meter supply agreements, and agreements for the supply of electricity consumption data to electricity retailers. SmartCo has deployed smart meters to service approximately 250,000 urban and rural customers across various parts of New Zealand.
• ASX-listed Nova Eye Medical on its acquisition of Molteno Ophthalmic, an ophthalmology business which has developed a patented glaucoma drainage device.
• Inland Revenue on the procurement process and contractual arrangements for the appointment of its design partner for its $1 billion Business Transformation Programme. The Business Transformation Programme is widely regarded as one of New Zealand's largest ever IT/business transformation projects.
• Wellington City Council, Porirua City Council, Upper Hutt City Council, and Wellington Water on a Shared ICT Services Project to procure shared ICT infrastructure services in the Wellington region.
• A medtech fund on its acquisition of robotic exoskeleton developer, Rex Bionics, its pre-listing capital raise and £10 million reverse listing on the London Stock Exchange's Alternative Investment Market.

Directories

• Asia Pacific Legal 500, Corporate and M&A, Next Generation Partner, 2022-2024

Credentials

• Bachelor of Laws (LLB), (Hons), Bachelor of Commerce (BCom), University of Auckland

Admission to the Bar

• New Zealand, 2007

Contributed Articles

• Legal risks associated with the use of AI

  In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area. In this series, our experts outline some specific areas where the use of […]

• AI, privacy and confidentiality

  Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data. Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality obligations if the information provided to the software is not appropriately vetted and managed. How AI uses content AI algorithms are typically trained using large […]

• Bias and reliability issues with AI-generated content

  The ability of AI to process complex queries and deliver an articulate response in a matter of seconds can lead to users treating the output as fact. The reality, however, is that AI delivers information and makes decisions based off the data set it is trained on – hence the commonly quoted phrase ‘AI is […]

• Establishing Customer Data Rights – Have your say on the Customer and Product Data Bill

  MBIE has opened consultation on the exposure draft of the highly anticipated Customer and Product Data Bill. The Bill establishes what has been referred to as a ‘Consumer Data Right’ (CDR). In practical terms the CDR aims to bolster the rights of customers in respect of their data by allowing customers to instruct businesses in […]

• Fair Trading Act changes – time for tech companies to review their standard terms

  Recent changes to the Fair Trading Act 1986 (FTA) extend protections for contracting parties by adding ‘standard form small trade contracts’ to the FTA’s existing ‘unfair contract terms’ regime. Many New Zealand businesses including tech companies will be affected by the changes and should now be reviewing their standard terms. Unfair contract terms regime The […]