In The News

June 2013 - As regulation of various kinds continues to be discussed in NZ, a new bill passed in the Californian Senate 'gives a bullet to franchisees,' says advocate.

A franchise seeking to enforce restraint of trade clauses against a former franchisee is being accused of bullying tactics by a family friend of the former franchisee who has set up a similar business employing a former staff member. Cookright Kitchen Services has said the company will not address the issue in public. Restraints of trade are a hot issue at the moment, with an article by David Munn in the latest issue of Franchise New Zealand exploring the topic in detail.

In a solicitor's letter to Tily, Cookright claims she was working in association with the former franchisee and therefore breaking the terms of settlement between Cookright and the former franchisee.

The terms of settlement say the High Court has made an order restraining the former franchisee from operating within Southland, Invercargill or Central Otago, or 100 kilometres from those regions until December 31, 2015.

The letter says Tily was using the same premises, employees and vehicle as the former franchisee, with a similar name which had been used by the former franchisee for another business.

Read more at http://www.stuff.co.nz/busi...

A solicitor who encouraged a franchisee to be dishonest to avoid falling foul of a restraint of trade provision has had their name withheld

June 2013 - Two proposed changes with consequences for franchising are currently winging their way through the legislative channels

June 2013 - Overseas woes mean more Kiwis are looking for businesses at home – but franchises need to offer financial security to appeal

Carl's Jr added $2.3 million to Restaurant Brands' first quarter sales while Pizza Hut saw same-store sales jump a massive 28.6 percent after new promotions kicked in. However, the company has franchised 12 regional and lower volume stores which may also impact upon this figure.

Sales at its 179 stores increased by $2.8 million to $73.3 million in the 12 weeks ended May 20, from the year earlier period, the Auckland-based company says in a statement. The addition of three Carl's Jr stores during the period added $2.3 million to sales. On a same-store basis, total sales rose 3.2 percent.

Shares in Restaurant Brands gained 1 percent to $3.03.

Read more at http://www.nbr.co.nz/articl...

Wendy’s has marked its first 25 years in New Zealand with an event to thank the local community, customers and suppliers.

Georgie Pie continues to make the news ahead of its trial relaunch. A top bid of $450 on Trade Me won two tickets to an exclusive pre-launch tasting in Auckland. We've already tasted the product - but will the relaunch be truly viable?

A pie-lover has forked out more than $400 to be one of the first people in the country to taste a Georgie Pie, 15 years after the last meaty savoury was sold in New Zealand. 

Proceeds from the auction were to go to Ronald McDonald House Charities.

Read more at http://www.nzherald.co.nz/b...

McDonald's has come under fire at its AGM in the US from an advocacy group accusing it of selling junk food and marketing to childre. The group used children itself when it got a a 9-year-old girl to ask CEO Don Thompson to stop 'tricking kids into eating your food.'


As always, McDonald's is an easy target when it comes to critics because of its size, although other chains - and many independents - sell a narrower range and offer less healthy menus. This is despite the fact that McDonald's has made many changes in recent years (see Re-Inventing McDonald's) and has in some ways led the move to healthier eating in the fast food market. The coverage given to the questions at this year's AGM, though, show that the company still faces an uphill battle when it comes to popular perceptions.

'Another speaker asked that McDonald's remove its locations from hospitals, while others asked it to stop targeting communities of colour by signing stars such as Olympic gymnast Gabby Douglas and the NBA's LeBron James. Three of the individuals were members of Corporate Accountability, which has been critical of the company's marketing practices. Others were health professionals, parents or writers linked to the group.

Thompson stood by the company's menu, saying McDonald's doesn't sell "junk food," pointing out items such as the yoghurt parfait and side salad and noting that the company has been adding more fruits and vegetables. Thompson, who took over as CEO this past summer, also noted that his kids eat at McDonald's and that many of its 1.8 million employees are parents.

Still, he said at one point, "I do agree we have some issues, and we can be part of the solution."'

Read more at http://www.stuff.co.nz/busi...

A stressed Lollipop's Playland franchisee whose Hamilton business recently closed made the mistake of venting to a reporter from the Waikato Times. The reporter did what reporters are paid to do - he reported it. The result was publicity the franchisee - and other Lollipop's operators - could do without. See our article on Dealing with Bad Press.

When first approached about the issue on Sunday, Mrs Watson refused to comment, and said: "I tell ya what, mate, if you put anything in the paper I'm gonna sue your f..... a...., okay? I'm gonna come down on this country, and don't think I don't know the mayor cos I know her very well and had dinner with her recently, okay? [sic]"

Read more at http://www.stuff.co.nz/busi...

Frozen yoghurt specialist KiwiYo is the latest New Zealand franchise to sign a deal in the potentially lucrative Chinese market, despite having only three stores here so far. A stockmarket listing is also on the cards, folllowing the successful float of The Mad Butcher.

Auckland-based KiwiYo has signed three franchise deals in China, including one that will see 20 stores established in the mega city of Chongqing - with a population of around 30 million - to be followed by expansion into the nearby provinces of Sichuan, Yunnan, Hubei and Guizhou.

Another franchisee will open three stores in the central Chinese city of Xian, with the intention of establishing a further eight outlets over the next year or two.

Read more at http://www.nzherald.co.nz/b...

The latest franchise to be launched on the NZX has got off to a strong start. Will we see more well-known names follow?

Veritas Investments, which completed its purchase and backdoor listing of the Mad Butcher yesterday, is looking to acquire additional businesses, possibly in the retail sector, says chairman Mark Darrow.

But he said the firm's "short-term responsibility" was growing the meat seller it bought for $40 million off Michael Morton, who acquired the business from founder Sir Peter Leitch in 2007.

Read more at http://www.nzherald.co.nz/b...

McDonald's has dropped lamb from its permanent menu after slow sales in New Zealand. The product was launched in August 2012 after two years of development with both burger and wrap items being on the menu.

McDonald's reduced the size and price of its initial lamb burger in January in response to customer demand and took lamb off the permanent menu last month, spokeswoman Kim Bartlett says in a statement.

Federated Farmers is saddened by the move but understands the commercial reality after local sales "tailed off", meat and fibre spokeswoman Jeanette Maxwell says. Rival companies Burger Fuel and Burger Wisconsin feature lamb on permanent menus and Subway had also used the product.

Burger Fuel is expanding in the Middle East, where lamb is a favoured meat protein, and the farmer lobby group hopes McDonald's, which bought 210 tonnes of lamb last year, may export the meat to its units around the world in the future, Ms Maxwell says.

Read more at http://www.nbr.co.nz/articl...

The Mad Butcher franchise has gone public today with a share offer that was eagerly snapped up by investors.

The Mad Butcher went public today, joining the stock exchange through its shell company Veritas Investments. Shares in the retail butchery franchisor effectively began trading at midday, when its acquisition by Veritas Investments was complete.

Veritas, formed last year through a backdoor listing on the NZX, raised $25 million at $1.30 per share to fund the $40 million cash and scrip purchase of the Mad Butcher franchise

Its shares dropped 2c to $1.55 soon after midday. The offer was over-subscribed by more than twice the number of shares available.

Read more at http://www.nbr.co.nz/articl...

Following on from the high-profile gym dispute, Club Physical founder Paul Richards talks about inspiration, success and failure, evangelical Christianity and why he didn't turn the other cheek this time.

Over the past three decades, Richards has gone on to build the business up to 10 clubs - three sold to franchisees and another seven still in his hands. Everything was ticking over nicely until earlier this year, when an unpleasant turn appeared in the road.

"I've been through quite a few big battles over the years but this has been different. I had to fight for my life."

On Friday, February 8, Richards received an email notifying him that one of his franchisees, Stuart Holder, was severing his three agreements and going it alone. Staff at those gyms - in Three Kings, Botany and Westgate - were fitted with new uniforms, class timetables were overhauled and existing instructors were dropped.

Holder's decision to rebrand the club as Jolt Fitness left Richards stunned.

"That night when I went home I said, 'Tina, I think we should just turn the cheek. I don't want to spend any money on lawyers or get in a big fight, I just want to be happy'." But Richards sought advice from close friends and each told him to fight. "So I spent two months fighting, seven days a week."

Read more at http://www.nzherald.co.nz/b...

The ASA has ruled that an advert for Carl's Jr. which has already been banned from TV screens is also inapropriate for online use. The US-made advert was placed by Restaurant Brands, which is one of two master licensees for Carl's Jr, in New Zealand. The other licensees are Samoan businessman Barry Forsgren and his brother-in-law Michael Jones, best known to rugby fans as 'The Iceman' and known for his strong Christian beliefs. Carl's Jr. has used Paris Hilton and Kim Kardashian in its US campaigns.

Despite both Restaurant Brands, the licence holder for Carl's Jr, and MediaWorks arguing the advertisement was placed ahead of programmes targeted at the 18-49 age group, the board ruled it breached several advertising principles.

"After viewing the advertisement, the majority of the complaints board noted a number of closeup shots of the skimpily clad women were shown. In particular, a closeup showed rivulets of perspiration on one of the women's stomach while another showed a woman wiping sauce from her breast area."

Read more at http://www.stuff.co.nz/busi...

Unite union's 1500 members working at McDonald's are to protest at the Queen Street, Auckland, restaurant tomorrow and are threatening a countrywide strike next week. The union says a 25-cent pay rise was not enough given the company's reported $32 million profit. The recently reported profit was flat on the previous year.

McDonald's had offered a 25-cent pay rise across the board, which was not enough, given the company had reported an almost $32 million annual profit, he said. The proposed pay rise was less than an eighth of the cost of one of the fast-food chain's cheapest items, a small serving of fries at $2.20.

Carolan said McDonald's workers wanted parity with staff at KFC, where pay rates were considerably higher. For example, KFC employees received a $1 pay rise on the minimum wage after about six months in the job, compared with a 25c lift at McDonald's.

Staff were also seeking more security on working hours as the company did not guarantee staff 40 hours of work a week.

Read more at http://www.stuff.co.nz/busi...

The Mad Butcher will become one of the few franchise groups to be listed on the NZX when the listing through Veritas is completed next month.Investments

Veritas will pay for the acquisition with $20 million in cash as well as an allocation of $20 million in shares to Michael Morton, who bought the business off founder Sir Peter Leitch in 2007. Morton remains the firm's chief executive and will be its largest shareholder following the acquisition.

Read more at http://www.nzherald.co.nz/b...

A McDonald's hamburger bought 14 years ago still looks the same as the day it was purchased, claims an American man. The story and photo appeared on CBS and has been publicised around the world with no accompanying comment from the burger chain. McDonald's has changed the ingredients of many of its products in recent years (see our archive article Re-Inventing McDonald's).

Doctors on the CBS show noted that aside from the pickle disintegrating, the burger showed no signs of mould, fungus or even a strange smell.

Mr Whipple said he had put the burger on eBay at one point. But, despite bids reaching close to US$2000 ($2344), the family decided to keep it for educational use.

Read more at http://www.nzherald.co.nz/l...

Over 97 percent of enterprises in New Zealand have fewer than 20 employees. That would include not just most franchised businesses, but many franchisors, too. A recent infographic from Statistics New Zealand provides an insight.

Enterprises with fewer than 50 employees create nearly half of all jobs and contribute over a third
of New Zealand’s Gross Domestic Product. Other OECD countries have similar proportions of small enterprises.

Read more at http://www.med.govt.nz/busi...

NZX-listed company Restaurant Brands has scotched rumours that it is to buy an Australian company which owns 40 KFC stores. Restaurant Brands holds the rights to the KFC brand in New Zealand, but an attempt in 2002 to expand into Australia via the acquisition of Pizza Hut stores in Victoria proved unsuccessful. It is currently focussing on growing the Carl's Jr. chain in New Zealand.

"There has been recent media speculation as to the identity of the acquirer of Competitive Foods Limited, the franchisee of 40 KFC stores in Western Australia," it says. "Restaurant Brands wishes to advise that it is not intending to acquire this business."

Competitive Foods owns the franchise rights to Hungry Jack's restaurants in Australia and KFC fried chicken outlets in Western Australia and the Northern Territory.

Read more at http://www.nbr.co.nz/articl...

Good news for business buyers as franchisee sales levels and profitability are predicted to increase and obtaining finance becomes easier.

‘I am most buoyed by Franchisors’ increase in sentiment for franchisee profitability – arguably a franchise system’s most important key performance indicator. The net positive 44 percent reported by franchisors is the series record, and one indicator that franchising could be set to deliver growing returns to franchisees, franchisors, suppliers and the wider economy.’

Read more at http://www.franchise.co.nz/...

The owner of the Starbucks brand in New Zealand, Restaurant Brands, is sticking by the chain for now despite its gradual decline (from 47 outlets down to 29) during a time when many coffee franchises have grown. We wrote about the issues facing Starbucks last November.

'Closing the remaining Starbucks stores is not being considered by Restaurant Brands, but selling the New Zealand arm of the global coffee chain could happen for the right price, says chief executive Russel Creedy.'

Read more at http://www.nzherald.co.nz/b...

Restaurant Brands' latest acquisition is making up for the poor performance of its cafe business. We wrote about the issues facing Starbucks last November.

'Starbucks Coffee outlets reported a 5.1 percent fall in sales to $25.1 million, with a 22 percent slide in ebitda to $2.9 million, and it will close more stores in the coming year as their leases end. Carl's Jr contributed $1.9 million in sales and made an ebitda loss of $500,000 after opening in November.'

Read more at http://www.nbr.co.nz/articl...

New start-ups often talk of franchising their business but what can they do to prepare for it?

New start-ups often talk of franchising their business but what can they do to prepare for it?

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