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Technology law

Information is the lifeblood of modern organisations. Businesses can succeed or fail based on the quality of information available to them and the effectiveness of their communications systems.

New technologies, effectively implemented, can provide cost savings and competitive advantages through improved business processes and better customer service. But in order to achieve these benefits, technology implementation projects need to be effectively managed, with contracts that commit the suppliers to deliver the required outcomes.

Large project expertise

Kensington Swan has an unparalleled depth of experience and expertise in large information technology (IT) projects. We have a specialist team that focuses solely on IT projects, working mainly with government agencies and large private sector organisations.

Contracts for the delivery of IT solutions should clearly define each party’s obligations. We understand how to translate business requirements into legal obligations.

Our experience includes advising IT suppliers so we understand the negotiation interests of both parties to the transaction. This makes it easier to come up with a contract that is mutually acceptable and to understand where a balance can be struck.

Our specialist team is headed by Ross Johnston, who is recognised by leading global law firm ratings agencies as having particular expertise in government IT contracts.

Recent experience

Department of Corrections

In 2010 we advised on three major IT projects for the Department of Corrections involving the outsourcing of IT services in three key areas:

  • IT infrastructure management
  • Telecommunications
  • Software development and support.

Our client wanted to engage capable suppliers for each of these areas. We ensured that the contracts under which the Department engaged suppliers selected through a competitive RFP process contained appropriate commitments by the suppliers and provided effective protection if services were not delivered or performed as agreed.We reviewed and revised the specialist service contracts, evaluated supplier responses and assessed risks, conducted contract negotiations with shortlisted suppliers, ensured compliance with government procurement rules and finalised the contract terms with the suppliers. This was the largest government sector IT outsourcing project conducted in New Zealand in 2010.

The contracts we prepared included detailed service level requirements, giving Corrections better access to services and reduced risk, while achieving worthwhile cost reductions.


Related legal services

e-Commerce law
IT procurement and outsourcing
Telecommunications law

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