I specialise in government ICT and other commercial contracting, privacy, public law, and technology law, including AI, open data, and open source software licensing. I combine strong black-letter legal skills with a detailed understanding of how government operates in practice, enabling me to provide advice that is legally robust, operationally realistic and aligned with Cabinet and functional leadership expectations.
I’ve worked in both private practice and senior in-house legal roles. Earlier in my career I practised at Bell Gully in New Zealand and Ashurst in Europe. After that I spent a significant period advising from within government, including roles at the Commerce Commission, the State Services Commission, and the Department of Internal Affairs. I returned to private practice in 2012.
A core strength of my practice is public sector contracting, particularly for large, cross-government and/or novel technology initiatives. My work includes:
- advising on procurement strategies;
- drafting and negotiating complex ICT and other contracts;
- drafting inter-agency agreements and memoranda of understanding; and
- advising on the application of the Government Procurement Rules across departments and Crown entities.
I advise regularly on legal and related issues relating to the use of AI, including undertaking privacy impact assessments on proposed uses of AI tools and drafting AI-specific contractual clauses for both government agencies and providers of AI tools and services.
My public law experience includes:
- deep involvement in judicial review proceedings from the High Court to Privy Council;
- advice on administrative law obligations and consultation processes;
- advice on public sector privacy and security;
- advising on whole of government directions under section 107 of the Crown Entities Act 2004;
- advising and drafting in connection with Cabinet directions to departments;
- advising on the development of legislation;
- drafting certain legislative instruments; and
- drafting a range of agreements and MOUs in connection with a number of transfers of functions from departments to other departments or departmental agencies.
I also advise on Privacy Act and Official Information Act compliance and undertake privacy impact assessments.
Across all areas of my practice, I am valued by my clients for clear, principled and practical advice, my ability to work effectively with legal, commercial, policy, and technical teams, and my deep understanding of the legal and institutional settings within which New Zealand public sector agencies operate and which providers interacting with the public sector need to understand.
For more detailed information, see richardbestlaw.com.
Qualifications
Degrees: LLB (Hons)/BA (Psyc/Crim)
Admitted: 1996 (New Zealand) and 2001 (England and Wales)
Contact Richard Best
Richard Best Law
Email: richard@richardbestlaw.com
Mobile: 021 927 291
Website: https://richardbestlaw.com
Richard’s areas of practice
Procurement and contracting
Privacy and security
Technology law
Open data and and open source software licensing
Public law