In The News 
Australian price wars lead to class action against Pizza Hut 4th August 2015
A high-profile class action case by a group of Australian Pizza Hut franchisees against their franchisor, Yum! Brands, comes before the Federal Court this week. The franchisees claim that they were forced to sell pizzas below cost, which pushed many out of business and close to bankruptcy. The claim does not involve Restaurant Brands, who have the rights to Pizza Hut in New Zealand.
It's not a new issue: after watching the video, have a read of our 2009 article Who pays for price promotions?
Managers from head office in Sydney told the franchisees the price cut would lift overall sales and benefit everybody.
LYN BAYAKLY: I remember sitting in a meeting in October of last year with a bunch of people from head office that came over here to WA and I was looking around the room and I'm looking at them thinking, "You guys have all got degrees in something and you've all failed Year Four maths."
PAT MCGRATH: Sales did go up, but Lyn Bayakly was selling pizzas below cost.
LYN BAYAKLY: So when there's no profit margin, when you're actually losing on every transaction, the higher your transaction count, the more money you lose and the quicker you lose it.
PAT MCGRATH: Now Lyn Bayakly has joined dozens of franchisees in a class action against Yum! Brands. They claim the company acted unconscionably and breached its duty to ensure franchisees as well as the parent company can make a profit.
6 people who can make a franchise fail 4th August 2015
To succeed in franchising, you need good people skills as well as a good business model. Sadly, many new franchisors don't make the grade.Video Ezy granted interim injunction <br> against franchisee 3rd August 2015
Carpet Court chain sold to new owners 28th July 2015
Business confidence down, franchising follows 28th July 2015
The bright idea behind the Woolgro lawns franchise 20th July 2015
Former franchisees stick knife into Mad Butcher 17th July 2015
17 July 2015 - A group of former franchisees of The Mad Butcher have been quoted in a major Business Herald article today as saying that recent store liquidations are 'the tip of the iceberg'. The franchisor has denied the claim, with Mad Butcher CEO Mike Morton saying, 'Any franchise that has 39 stores will have stores that are struggling and not making money.'
As in many franchises, current franchisees have a confidentiality clause in their agreements which may prevent them talking to media, but the only existing franchisee spoken to for the article says things 'seem to be going all right' in his store.
'Like any business, you have your ups and downs," he says. "But as a group I think we do a good job of competing with the supermarkets.'
The former franchisees says supermarket chains (such as the co-operative franchise Pak'n'Save have become impossible to compete against and that supplier rebates are a source of conflict. Supplier rebates are common in franchising as part of the revenue stream that funds franchise services, as well as the franchisor profit margin (see article).
In 2013, Michael Morton told Franchise New Zealand, ‘This is an unusual franchise in that our franchisees produce the whole product – they don’t just defrost and heat things, or assemble ingredients to order. Each carcase comes in whole and the butcher on site is responsible for breaking it down skilfully into all the right cuts to sell profitably. It’s a high volume, low margin business and it’s vital to get it right. For that reason, most of our franchisees are themselves qualified butchers with practical experience. If you’re a non-butcher, you’d have to have a qualified butcher as manager and that changes the figures. It’s not impossible, but you’d need more capital so you have less debt at the outset.’
Morton says the success or failure of stores is in the hands of their operators. 'It comes down to their processes ... how much value-added did they do to the product? How much trimming did they do? Are they prepared to buy more bodies of beef in and break more bodies of beef down rather than buying mince trim in?'
Morton says making a store profitable can be complex. 'A good butcher should have those skills, but it will vary,' he says.
Mad Butcher franchisees are restricted to purchasing product from a list of more than 30 approved suppliers such as Tegel, Wilson Hellaby and Affco.
'They can play one supplier off against another [to get better pricing] ... And some franchisees are a lot better at doing that than other franchisees,' says Morton.
He rejects claims that he has acted in a threatening manner during meetings with franchisees who wanted to get out of struggling stores. 'What I've said in meetings is, "Don't just think you can walk away from your debts. Don't believe that a liquidator is just going to make this all go away."'
Zones Landscaping targets untapped market 16th July 2015
Fastway supports Little Sprouts charity 14th July 2015
Rising property values make business ownership achievable 14th July 2015
McDonald's commits to cage-free eggs 13th July 2015
Australian report under fire 9th July 2015
Updated 9 July 2015 - The recent FranData report on the state of the franchise sector in Australia has drawn criticism for its attack on academic research in the sectorAussie franchise numbers questioned as NZ ranked 3rd for franchising's contribution to GDP 7th July 2015
7 July 2015 - A new report has questioned the size of the Australian franchise sector while finding that NZ's franchise sector ranks third internationally for contribution to GDPTaco Bell in NZ: 'Watch this space' 3rd July 2015
Restaurant Brands chairman has told shareholders to 'watch this space' in response to queries about whether there were plans to bring the Mexican-themed chain to New Zealand. Speaking at a meeting in Christchurch, he said, 'With three established brands all performing at a very high level, and Carl's Jr. now beginning to gain some traction, we are now starting to get to a position where we can begin to evaluate another brand opportunity.'
It's a regular question for Restaurant Brands, which owns the rights to Taco Bell's sister brands KFC and Pizza Hut in New Zealand. Taco Bell has found it difficult to gain traction in any market outside North America, with failed attempts in markets as diverse as China, Poland, Singapore, the UK and even Mexico itself. Taco Bell opened in Australia in 1997 with a stand-alone store and a few store-within-a-store concepts in KFC branches, but by 2005 they had all gone. However, Mexican is a fast-growing sector in the eating-out market in New Zealand and, as Carl's Jr. has proved, Restaurant Brands' financial muscle means that it can afford to come late to a trend.
"While it would be premature to start speculating now, we have been scanning the market in a number of sectors, including Mexican, and Asian," Van Arkel said.
Burger joint Carls Jr might also be making an entrance to the Christchurch market. The chain is established in the North Island, with a number of stores in Auckland, but has not yet made the shift down South.
Hot trends inspire new menu at The Coffee Club 2nd July 2015
McDonald’s trials all-day breakfast 2nd July 2015
Systems catch out fast food thief 1st July 2015
Strong internal reporting systems ensured an employee who stole $166,000 from a McDonald's franchisee in Bombay, Auckland, was caught. Although her former employer and her current employer, a Mexicali Fresh franchisee, were 'suprisingly supportive', the woman was jailed for over two years yesterday at Pukekohe District Court.
In early 2014, an internal fraud report found disproportionately high refunds being paid out, which dovetailed with shifts when Tiongson was acting as manager.
She admitted she had her hand in the till during a disciplinary hearing and was duly dismissed.
Her defence counsel was also "somewhat surprised" to see the franchise owner at McDonalds was keen for her to avoid a custodial sentence.
Judge Ronayne, however, did not share their sympathy.
"I'm not sure she had any belief she was entitled to take the money. On the contrary, I think she knew perfectly well she shouldn't take it," he said.
"The motivation for this was a combination of misplaced need but also some greed. I can't ignore the comments to the probation officer that having got away with it, it simply became a habit."
Immigration rules explained 29th June 2015
June 2015 - Immigration is always a hot topic for franchisors, potential franchisees and existing franchisees looking to employ staff. Bill Milnes summarises the current position
Cartels Bill impact on franchising could be huge 25th June 2015
June 2015 – A new law is possibly the most significant ever to have affected franchising in New Zealand, says barrister Deirdre WatsonMad Butcher owner expects bigger profit in 2016 25th June 2015
Veritas, which owns Mad Butcher and Nosh, is expecting to increase profits from $4.3m to $5.3m- $5.5m in 2016. The Mad Butcher franchise enjoyed a 14 percent lift in revenue in the first half of the current financial year.
Businesses benefit as payment times plummet 24th June 2015
buy a business - BUY A FRANCHISE 23rd June 2015
Whether you’ve owned a business before or are new to self-employment, if you’re a budding entrepreneur then one of the options you have to consider these days is whether to buy a franchise.
Bikini-clad baristas raise some issues 19th June 2015
McDonald's NZ revenue up, profits flat 17th June 2015
McDonald's New Zealand has reported a 2 percent rise in revenue at a time when the global operations have dropped by the same amount. The figures relate only to company-owned stores and other revenue, including royalties paid by franchisees, and do not include sales made through franchised outlets - the majority of stores in New Zealand.
McDonald's new global chief executive, Steve Easterbrook, unveiled a major restructuring plan last month that aims to improve the Golden Arches' poor recent performance.
The company is hoping to save US$300 million a year by 2017 by selling more than 3000 company-owned outlets to franchisees, which would increase the proportion of franchise-run outlets globally to 90 per cent from around 80 per cent currently.
McDonald's New Zealand managing director Patrick Wilson was unavailable for comment today.
Company spokesman Simon Kenny said there had been "no material impact" from the restructuring in this country so far.
"It's been business as usual since the announcement," he said.
Restaurant Brands - whose businesses include Pizza Hut, KFC and Carl's Jr - posted a 9.2 per cent lift in sales, to $359.5 million, for the year to March 2.
Its profit jumped 19.4 per cent to $23.8 million.
Crowdfunding fails to raise cash for food franchise 16th June 2015
Mad Group's attempt to raise cash to double the size of its Mad Mex chain through crowdfunding has failed, but the company intends to try again. Mad Group is the founder of Habitual Fix, which has 15 franchised stores, but took a different approach when it bought the New Zealand master licence for Australian chain Mad Mex. The Auckland firm tried to raise $750,000 to open its own stores by selling just over 7 percent of its shares to the public through equity crowdfunding platform Snowball Effect, but fell $291,100 short of its target.
Managing director James Tucker said the funds would have let Mad Group open another six to eight Mad Mex stores, to add to the six stores it has already, and achieve "critical mass".
Tucker said he remained "100 per cent confident" Mad Group would raise the funds it needed to grow Mad Mex.
It would now approach the 98 investors who had applied for shares to see if they were still keen to subscribe for them in a private offer, he said.
Discussions were also planned with other potential investors who had come forward as a result of the campaign and who had expressed interest in separately investing sums between $150,000 and $1.5 million, he said.
Mad Group's bank had offered further support to expand the enterprise, which meant it would only need about $500,000 to see through its original expansion plan, he said.
"There are a lot of wheels in motion that couldn't start until the offer closed on Friday, so now this week we are full steam into working through these other options."
Tucker believed New Zealand could support 30 to 50 Mad Mex stores in the "medium term" and said he was not sure why the equity crowdfunding campaign had fallen short.
Esquires owners narrow loss as revenue doubles 16th June 2015
Cooks Global Foods, which owns the rights to the Esquires coffee chain outside New Zealand and Australia, is continuing to expand overseas with plans for 125 cafes open by the end of this year - up from 70 at the end of last year. The NZX-listed company posted a loss of $3.99 million in year ended 31 March 2015, down from $5.1 million the year before.
"The business is focused on achieving revenue growth through boosting current sales, opening new stores and investigating new territories," said chairman Keith Jackson. "Cooks sees significant opportunities to export New Zealand's cafe culture into new markets and existing markets."
In the latest year, revenue doubled to $8.9 million from a restated $4.4 million the year earlier. Three quarters of the revenue came from the Esquires Coffee House unit, with the remainder from the supply division, which includes Scarborough Fair beverage products and Progressive Processors' kiwifruit and asparagus, which supply Esquires stores and other customers.
Pizza Hut launches movie projector box 12th June 2015
An advertising stunt designed for Pizza Hut by Ogilvy Hong Kong has created a box even weirder than Hell Pizza's coffin cut-outs. This one includes a lens that allows the customer to project the image from their smartphone on to any nearby wall. It's a clever riff on the traditional combination of movies and pizza. Watch a demonstration here. For now, the box is only available in Hong Kong
The Verge website reports:
'There are four different boxes, each of which comes with a separate movie download via a QR code. They're called Slice Night (for horror fans), Anchovy Armageddon (for science-fiction), Hot & Ready (for romance), and Fully Loaded (for an action flick). The box itself is fittingly called the "Blockbuster Box."
Of course, you'll need a very dark room to be able to make out anything from the "projector," and even then, the quality will still be pretty piss-poor. That's not to mention the fact that you'll probably get your phone all greasy by sticking it in that pizza box, and that you'll have to try to make out whatever muffled audio makes it through the walls of the pizza box. We're not letting that stop us from trying it out though — we just need to find a way to get to Hong Kong first.'
New Zealand Natural part of sale to Hong Kong 10th June 2015
The New Zealand Natural franchise has been sold to a Hong Kong-based company as part of the sale of Emerald Foods. New Zealand Natural was originally founded in Australia, but was bought by Diane Foreman's Emerald Group in 2005. Managing director Shane Lamont will remain on the board of the new company - read our 2009 interview with him here.
'Hong Kong-based Emerald Foods Group (HK) bought 100 percent of the shares in Foreman's Emerald Foods subsidiary on June 3, according to Companies Office filings, completing an acquisition that had been approved by the Overseas Investment Office in April. The acquisition needed OIO approval because Emerald Foods owned sensitive land in East Tamaki, Auckland.
Foreign acquisitions need OIO approval where there is an interest in sensitive land, or the transaction is more than $100 million. The value of the Emerald deal was withheld.
The Hong Kong entity is 80 percent owned by Australian interests, with US investors holding almost 16 percent and other overseas people holding 4.3 percent, according to the OIO summary.
"The applicant intends to develop the business located on the land, with particular regard to exports to China," the OIO summary said. The office granted approval after being satisfied it would increase export receipts and attract additional investment for development. It also met the consequential benefits test, where the OIO believes it will provide additional New Zealand investment, sponsorship or community projects.'
Home services franchisor ditches brother, repays franchisees 10th June 2015
10 June 2015 – Mr Green has responded to a series of negative articles by terminating a master licence agreement held by the franchisor’s brotherKiwifruit make McDonald's Mexico's meals happy 8th June 2015
8 June 2015 - McDonald's has added kiwifruit to its Happy Meal menu in Mexico. The partnership between New Zealand's Zespri and the restaurant chain that is regularly targetted by healthy eating campaigners aims to sell more than one million kiwifruit this month.
Tens of thousands of Happy Meals were sold across Mexico every day and nearly one billion pieces of Zespri SunGold would be sold around the world this season, she said.
"Mexico is a sophisticated fruit market and consumers have responded really positively to the sweet tropical taste of Zespri SunGold Kiwifruit.
"Mexico is a relatively undeveloped market for Zespri - we're forecasting sales volumes of around 750,000 trays in Mexico this season, up 50 per cent from last season.
"This marketing partnership is a great step toward establishing both our brand and gold kiwifruit, which is largely unknown in this region, to families across Mexico.
BurgerFuel and council scolded for Upper Hutt initiative 5th June 2015
5 June 2015 - Upper Hutt City Council is being scolded by the Taxpayer's Union over offering an incentive to BurgerFuel to open locally. The incentive was available to all sorts of businesses, as we reported last November. Given the growing divide in NZ between urban and regional growth, such strategies for increasing local investment and jobs may well become more popular.
“This is possibly the most ridiculous example of corporate welfare we’ve seen yet. You work hard, you pay your rates and Upper Hutt City spends it on a burger joint,” Taxpayers’ Union executive director Jordan Williams says.
“Sucking money out of a community to spend it on a favoured business isn’t economic development, it’s robbing the poor to pay the rich. Money that would have been spent by citizens has been funnelled into the pockets of BurgerFuel’s investors."
In a press release, the council says the incentive is part of a scheme aimed at encouraging new business into the city.
Businesses that want to set up in the city can apply for a “package,” which can include grant funding, as well as discounts and, in some cases, cost waivers on council services.
BurgerFuel shares jump 21 percent on California deal 5th June 2015
BurgerFuel has announced a deal with a major multi-unit Subway franchisee in California as it plans to open its first restaurants in the US. Last year, the company attracted investment from Franchise Brands LLC, which was created by Subway founders Fred DeLuca and Dr Peter Buck.
Shares in gourmet burger company BurgerFuel jumped more than 21 per cent yesterday after it announced a partnership with California-based franchisor OhCal Foods as part of its plan to break into the US market.
The New Zealand burger chain, which also operates in Australia, Egypt, Saudi Arabia, Kuwait and the United Arab Emirates, has been eyeing the competitive US market since early last year when it raised $5.9 million from US investor Franchise Brands to help fund its global growth aspirations.
BurgerFuel chief executive Josef Roberts said the latest partnership with OhCal, which services more than 2100 Subway restaurant outlets, was its next strategic move.
Z Energy buys Caltex NZ chain 2nd June 2015
2 June 2015 - Locally-owned Z Energy has bought the Caltex New Zealand service station assets for $785 million. The chain includes 147 service stations and 73 truck filling sites around the country. All the Caltex service stations are operated by franchisees, along with 7 of the truck sites. Z Energy operates via 23 licensed retailers, each of whom operates a cluster of between 7 and 16 sites each.
The deal is expected to take some months to conclude.
Z chief executive Mike Bennetts said Mike Bennetts said Z would operate two brands throughout the combined service station network. Z would continue with its new build programme on prime sites around New Zealand.
"The acquisition is also a great fit with our longer term market growth strategy," said Bennetts.
"Caltex is a successful and highly attractive business in New Zealand and the acquisition means we can use the scale of the combined operation for the expanded supply of biodiesel to a broader market."
He said the Commerce Commission and Overseas Investment Office processes were expected to take some months. "It is very much business as usual for Z, with a continued focus on safety, people and operational excellence."
Food waste under scrutiny 30th May 2015
A new law in France which stops supermarkets destroying unsold food has helped to focus attention on food waste. An article in the New Zealand Herald looks at how local food companies handle the issue, starting - as always - with McDonald's.
Who does what?
McDonald's NZ carried out waste audit.
Restaurant Brands wouldn't reveal stance, but operations "tightly controlled".
Farro Fresh donates to Fair Foods.
Muffin Break no policy, up to individual owner.
Brumby's bakeries charities.
Baker's Delight must be given away.
Countdown variety of charity partners.
Foodstuffs charities, including Food Harvest.
Fruit World no policy, stock sold off cheap or given to pig farmers.
Nosh - no comment.
Mad Butcher 'trading to expectations' as Veritas cuts profit forecast 29th May 2015
Veritas Investments, owners of the Mad Butcher franchise, has cut profit projections for the year by 19 percent. However, the reduction, from 5.3 million in February to $4.3 million for year ending 30 June, is not connected to the Mad Butcher franchise, which it says is trading as expected despite publicity earlier this year over franchisee liquidations. Instead, it says that the turnaround of the under-performing Nosh chain is behind schedule and drink-driving legislation has affected the performance of its Better Bar Company sites in Hamilton.
The Mad Butcher business continues to trade to expectations and we envisage results for the franchisor business to be on target. In April 2015, the first Mini Mad Butcher store has been opened in Mosgiel and is proving a successful format. The company will look for open further mini style stores at appropriate locations around the country. There are 4 Mad Butcher stores held for sale, which will be sold as franchisees are identified and approved.
NZ up three places in world competitiveness 28th May 2015
28 May 2015 - New Zealand has risen to 17th place on an annual world competitiveness rankingMcDonald's CEO gets grilled at first annual meeting 26th May 2015
McDonald's Corp shareholders in the US have approved a proposal to make it easier to nominate directors and taken the new CEO to task over wages, advertising and food
McDonald's Chief Executive Steve Easterbrook, who took the helm on March 1, is fighting on numerous fronts as he works to turn around the company, which saw profit and revenue fall in 2014 after service times slowed and nimbler rivals picked off customers with menus that appeal to growing appetites for fresher, less-processed food.
Despite opposition from McDonald's, 61 percent of voting shareholders said yes to a proposal that would make it easier for long-term investors to list director candidates on company proxy materials.
The UAW Retiree Medical Benefits Trust brought the proxy access proposal before investors because "McDonald's board needs to be more accountable for these performance lapses," the Trust's Corporate Governance Director Cambria Allen said at the meeting, which was closed to media but accessible via webcast.
Ellen Zhang - taking Kiwi cafe culture to China 24th May 2015
May 2015 - The international arm of Esquires Coffee, owned by NZ-listed Cooks Global Foods, has a secret weapon in its plans to open hundreds of outlets in provinces throughout China. Ellen Zhang is a former Esquires franchisee who used to work for YMCI, a Chinese government organisation, where she built relationships with large property and retail companies.
Zhang is spearheading the drive to sell Kiwi coffee culture to her home country, just 11 years after arriving in New Zealand as a migrant who found her first job serving in a cafe near Auckland's Britomart transport station. She went on to buy into her first Esquires shop franchise.
She said her dual cultural background had helped her do business. She said: "There is a lot of opportunity for us in China as there is a trend to drink coffee and talk business. At one time coffee would have been reserved for foreigners, and you would have had to go to a hotel to get it.
"Now, if Chinese people don't visit coffee shops they are considered old-fashioned and behind the times!
Manukau franchisees in global Top 10 23rd May 2015
May 2015 - Franchisees Bruce and Lynette Hopkins, of Speedy Signs Manukau, have been named among the Top 10 achievers in the world-wide Sign-A-Rama franchise group.Who will bring Hooters to New Zealand? 20th May 2015
May 2015 - The world-famous Hooters Restaurants is looking for local partners to bring its unique brand of service to New Zealand
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