Franchise Law – New Book Tackles New Zealand’s $73 Billion Franchising Industry and Its Legal Gaps

Stewart germann franchise

Leading New Zealand franchise lawyer Stewart Germann ONZM has written what is described as the country’s first comprehensive guide to franchise law, addressing an industry that operates without dedicated franchise legislation.

New Zealand may be the world’s most franchised country per capita, but its franchise sector operates under general commercial law rather than a dedicated statutory framework.

That curious distinction provides the backdrop to Franchise Law in New Zealand, a new book by specialist Auckland lawyer Stewart Germann ONZM, scheduled for release on 2 December 2026.

The book examines the legal framework governing an industry with nearly 550 franchise brands, more than 114,000 employees and an estimated annual economic contribution exceeding $73 billion, according to figures supplied with the publication.

Across 18 chapters, Germann examines the legal issues facing franchisors and franchisees, including intellectual property, good faith, restrictive covenants, competition law, unfair contract terms and dispute resolution.

It also considers Australia’s more prescriptive franchising regime and the role of the Franchise Association of New Zealand (FANZ), whose Code of Practice and Ethics provides an important industry framework.

Competition law specialist Dr John Land contributes a chapter examining the Commerce Act 1986.

The Hon Simon Moore KC, writing in the book’s foreword, describes it as New Zealand’s only comprehensive, one-stop reference on franchise law and practice.

Four Decades at the Centre of Franchise Law

Germann is well placed to write the book. He has practised franchise law for more than 40 years, taking on his first franchisor client in 1980.

As principal of Stewart Germann Law Office in Auckland, he has advised franchisors and franchisees in New Zealand and internationally, including on franchise agreements, business acquisitions and disputes.

He was instrumental in establishing FANZ in 1996, drafted its original rules and served as chairman from 1997 to 1999. He is also an adjunct professor at the University of Auckland Law School, where he teaches franchise law. Stewart Germann Law Office+1

Germann was appointed an Officer of the New Zealand Order of Merit in 2026 for services to franchise law, recognition of a career that has helped shape the industry’s legal foundations.

His new book also grew out of a practical frustration: the lack of New Zealand-specific teaching material for his university franchise law course, which has reportedly grown from 28 to 106 students.

It is interesting that an industry of this size developed without its own legislation, particularly when Australia has adopted a mandatory Franchising Code of Conduct?

Germann’s contribution should provide a useful reference for practitioners navigating a sector where contractual obligations, commercial law and voluntary industry standards continue to do much of the regulatory heavy lifting.

Franchise Law in New Zealand is published by Thomson Reuters. The publisher currently lists 30 November 2026 as its release date, ahead of the stated 2 December launch. The print edition is available for pre-order at NZ$166 plus GST.Book details and pre-orders at Thomson Reuters

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