Workshop programme

Whether you’re a victim, witness, target, or none of the above, every engagement with a regulator sends a signal. When making a complaint, responding to an investigation, self-reporting a problem, advocating for a particular outcome, or seeking to influence priorities, the way parties and advisors engage with regulators can significantly affect credibility, trust, and ultimately outcomes.

This session brings together current and former New Zealand regulators — including the Commerce Commission — for a practical discussion on best practice engagement. The panel will discuss what works, common mistakes, how regulators think, and how organisations can engage effectively.

Chairperson
Ben Hamlin, Barrister & Chair of CLPINZ

Ever found it hard to unsubscribe from a service online? Or had to wade through pop-ups demanding your email when trying to do basic shopping? Then you’ve been caught by dark patterns. 

From online shopping to gaming online, from streaming services to food delivery apps, there is a growing body of evidence that dark patterns in our everyday online life are costing people time, money, their privacy and ultimately their wellbeing. 

Join us as we unpack the world of dark patterns:

• What are dark patterns and how do dark patterns seep into our daily lives in products and services we use every single day?
• What does consumer harm look like? Is it really as bad as we think? We’ll share insights from consumer research from both Australia and New Zealand.
• Current regulatory landscape through a consumer protection lens – where are the gaps, where are the wins and what’s happening in New Zealand, Australia and overseas.
• Steps businesses can take right now to compete on morals instead of manipulation.

Chairperson 
Michael Tilley, Director, tilly+co

Speakers
Chandni Gupta, Deputy CEO of the Australian Consumer Policy Research Centre
Jon Duffy, Chief Executive, Consumer 

Market definition is a key analytical tool in competition law cases used to assess market power and whether there is a substantial lessening of competition. This session explores current trends in the area including in contexts such as two-sided markets and markets where there is no price for provision of a service.

Chairperson
Dr John Land, Barrister, Bankside Chambers

Speaker
Michael Hodge KC, Barrister, Omnia Chambers

Commentator
Prof Julian Wright, National University of Singapore

The issue of confidentiality has been a contentious topic in recent years, with some holding strong but often conflicting views.  The aim of the session is to provoke intellectual debate and consider the public policy issues behind the confidentiality settings and whether the Commission’s practices and the proposed changes to the Commerce Act strike the right balance.

Professor Ed Willis will address the delicate balance of protecting confidential information to ensure that the Commission is making informed choices and parties providing information are not disadvantaged against natural justice considerations, the Official Information Act and the need for transparency.

Chief Ombudsman John Allen will then address the public policy reasons for the OIA and the need for transparency.  

Chairperson
Alicia Murray, Partner, Lowndes Jordan

Speaker
A/Prof Ed Willis, University of Otago

Commentator
John Allen, Chief Ombudsman