Webcast
1
CPD
Sharpening expectations of board oversight in complex environments.
The Australian Star Casino case provides a timely lens on how courts assess board oversight in complex, high-risk environments. While it does not rewrite directors’ duties, it sharpens expectations around how boards engage with risk, information, and management.
Join James McMillan (Dentons NZ) and Tracey Berry (Mosaic; FMA Board) for a practical discussion on the key governance themes emerging from the case and judgement, and what they may mean in a New Zealand context.
The session will explore how context and foreseeability shape board decision-making, the dynamics between executive and non-executive directors, and the challenge of ensuring boards are properly positioned with the right information—both in substance and usability.
The discussion will also consider the evolving role of AI in the boardroom, with a focus on practical implications for NZ governance practice.
James McMillan is a Partner at Dentons in Auckland and leads Dentons’ New Zealand Restructuring and Insolvency team.
James has over 20 years’ experience in commercial litigation and restructuring and insolvency work. He acts for clients on a broad range of commercial disputes and frequently advises banks, insolvency practitioners and directors on contentious and non-contentious matters relating to receiverships, liquidations, administrations and compromises. In recent years he has been involved in some of the country’s most high-profile insolvencies and restructurings, including the administration and liquidation of Tamarind Taranaki and the STA Travel Group, efforts to assist the Youth Hostel Association, the administration of Ruapehu Alpine Lifts, the administration and liquidation of Supie, the receivership of Laybuy, the liquidation of school lunch provider Libelle, the receivership of UBCO, and defending the directors of a high-profile business against a breach of director duties claim.
James has been a board member of the Restructuring Insolvency and Turnaround Association of New Zealand (RITANZ) since 2023, as well as a member of the Banking and Financial Services Law Association (BFSLA), and INFINZ. James is currently ranked as Highly Regarded by IFLR1000, as a leading partner by The Legal 500 Asia Pacific, in Band 3 by Chambers Asia Pacific and as a recommended lawyer by Doyles. He is also ranked by Lexology.
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Tracey Berry is a Partner with specialist financial services firm Mosaic FSI and specialises in the provision of complex advice and change across the financial services sector. Currently also on the Board of the Financial Markets Authority, Tracey previously served as the independent member of the Financial Advisers Disciplinary Committee (FMC Act) for over 10 years, was Chair of Nikko Asset Management, a Board member of the National Provident Fund, Trustee of Rata Foundation and Trustee of Ara Foundation and was an independent Adviser to the Ministries responsible for Student Loans.
During a banking career of over two decades, Tracey established the wealth business for Kiwibank (Kiwi Wealth) and BNZ, led Westpac Wealth NZ, was the CEO of Gareth Morgan Investments, and the Group General Manager of Kiwibank. Tracey has led significant regulatory change at a number of entities, including responding to regulatory action and has been directly involved in a number of regulatory reforms.
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Herman Visagie is an experienced executive level General Counsel, Company Secretary, and seasoned governor. He is passionate about the power of good governance and effective relationships between boards and management teams to help organisations achieve their desired outcomes more effectively.
Herman is currently Chief Executive Officer of Telecommunications Dispute Resolution Limited and has previously held executive roles at the Real Estate Authority and TSB. He holds board roles in the not- for-profit and regulatory sectors and has led a number of consultant engagements around governance improvement, including reviews of governance documentation, operations, and board reporting. He also provides training and education to senior leaders around effective board engagement.
Regrettably, registration fees cannot be refunded when cancellations are received within two working days prior to any event. See our standard terms and conditions for more information.
Amy McNicol
National Sponsorship and Events Manager
+64 27 265 5824
Amy.McNicol@iod.org.nz
