The Law Association of New Zealand

Avoiding Pitfalls on Business Sales (2026) (On Demand)

This On Demand was recorded on 24 February 2026.

This session explores the legal and practical risks associated with the sale or transfer of a business, whether through a commercial transaction, relationship property settlement, or estate administration. It focuses on the key issues that can affect business value and the implications for practitioners involved in structuring or reviewing these transactions.

The presenters will examine common risk areas, including reliance on key customers or suppliers, intellectual property ownership, lease arrangements, and financing structures – particularly current accounts owed to owners. The session also addresses tax-related pitfalls such as the continuity of tax losses and imputation credits, and the potential for liability arising from historical tax matters.

While valuation theory is not covered in detail, supporting materials provide a brief overview to support contextual understanding. The session concludes with a discussion on how a purchaser might recover their investment, reinforcing the importance of identifying and managing value-related risks throughout the transaction process.

Learning Outcomes

  • Identify areas of key reliance within a business that may affect value.
  • Understand the distinction between the business and its financing, including current accounts, retained earnings, and owner withdrawals.
  • Gain insight into the significance of imputation credits, carried-forward losses, and the thresholds at which they are lost.
  • Recognise how business value can be manipulated through: profit and loss items, balance sheet entries, discount rates.
  • Strengthen their ability to advise shareholders on exits, including interpreting financial statements and ensuring entitlements are protected.
  • Understand the legal and financial considerations for new shareholders entering a business.
  • Deepen their understanding of goodwill and its implications in business transactions.
  • Improve their ability to assess discrepancies between book value and market value of assets.


Who Should Watch?

Lawyers or legal executives involved in business restructures, sales, or the sale of an interest in a business.


Presenters

Shane Hussey, Director and Principal, Hussey & Co. Chartered Accountants
Sian Heppleston, Analyst, Hussey & Co. Chartered Accountants


Shane Hussey

Shane Hussey is the principal of Hussey & Co., chartered accountants, based in Auckland.

Hussey & Co specialises in providing opinions on financial matters, often related to disputes. Such includes valuation, assessment of economic loss and undertaking forensic accounting assignments.

Shane has been engaged in this specialty for over 30 years. He has presented numerous papers and presentations. He regularly provides expert testimony in the courts, arbitrations and mediations. Also, he acts as a mediator and an arbitrator and is an associate member of the Arbitrators and Mediators Institute of New Zealand (AMINZ).

As well as providing the specialist services referred to above, Hussey & Co. provides “standard” accounting services including preparation of financial statements and advising on taxation matters.

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Sian Heppleston

Sian Heppleston joined Hussey & Co as an Analyst in January 2019. She is a member of the specialist team, and primarily assists with valuations and assessments of economic loss relating to relationship property and commercial disputes.

Prior to Hussey & Co, Sian worked at Lyne Davis Opinion Limited for two years, also undertaking specialist work.

Sian began her career in the Investigations Department of Inland Revenue, where she gained more than twelve years’ experience investigating tax matters, including seven years leading a team which specialised in the investigation of tax avoidance schemes.

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $160 plus GST
Non-Member: $230 plus GST





This On Demand includes the video and materials, and will earn CPD.
Click here to access materials only.

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