Climate change and sustainability

Forest Partners

Advised on the establishment of Forest Partners, a forestry investment fund designed to provide a long-term supply of high quality carbon credits for its investors, as well as high quality timber for the domestic and international markets.

Rabobank

Advised Rabobank as lender and sustainability coordinator, on the green loan facility provided to the New Zealand Carbon Farming Group, one of the largest contributors to New Zealand’s climate change efforts.

Working with a leading lender

Worked with a leading lender in the agricultural space to prepare precedent documentation to use in the corporate and business sector, to accelerate the growth of financing emission units and carbon forests.

Bank of New Zealand

Advised Bank of New Zealand as lender on an acquisition and working capital facility provided to the NZ Carbon Farming Group. The facility part funded the acquisition of marginal farmland for conversion to forestry, together with planting and infrastructure costs.

Z Energy

Acted for Z Energy and other clients on emissions trading and emissions unit procurement contracts.

Forest Partners

Advised on the establishment of Forest Partners, a forestry investment fund designed to provide a long-term supply of high quality carbon credits for its investors, as well as high quality timber for the domestic and international markets.

Global trading house

Advised a global trading house on participation in NZ ETS auctions run by the New Zealand government.

International investor

Advised an international investor on the NZ ETS and undertaking NZ ETS due diligence of a target business.

Drylandcarbon

Advised on the establishment of Drylandcarbon, a partnership of NZX listed companies Air New Zealand, Contact Energy, Genesis Energy and Z Energy, that has established a diversified portfolio of forests for both timber and carbon credits to meet their compliance surrender obligations under the NZ ETS. We also advised Drylandcarbon on its obligations under the Overseas Investment Act during its establishment phase.

NZ ETS participant

Advised a major NZ ETS participant on its submission on the Climate Change Response (Emissions Trading Reform) Amendment Bill 2019, which provided for the introduction of a new auction and penalty regime relating to emissions trading.

Manufacturer/importer

Advised a manufacturer/importer on its obligations under the Climate Change Response Act 2002 and notices from the Environmental Protection Authority.

M&A transactions

Regularly advise on M&A transactions involving carbon forestry assets, including advising on NZ ETS and Overseas Investment Office approval matters.

NZ ETS 'opt-in' provisions

Advised on NZ ETS 'opt-in' provisions in major hydrocarbon supply contracts.

Forestry clients

Advising large forestry clients on the negotiation of sale and purchase of forestry land and forestry rights, including their obligations under the NZ ETS associated with such forests.

Chancery Lane Project

Contributed to the Chancery Lane Project, the largest global network of lawyers and business leaders, which prepares climate-specific clauses to help businesses decarbonise their contracts.

New Zealand Steel

Acted for New Zealand Steel in defence of a claim seeking an injunction requiring New Zealand Steel (and other large New Zealand emitters of greenhouse gases) to reach net zero greenhouse gas emissions.

NZ Transport Agency Waka Kotahi

Acted for NZ Transport Agency Waka Kotahi defending a claim seeking to change the proposed location of a train station, for reasons including alleged breaches of various climate change obligations.

Climate reporting entities

Advise companies that are reporting entities under the Financial Markets Conduct Act 2013 on whether they will be categorised as a climate reporting entity under the incoming legislation.

Climate statements

Assist clients with the preparation of climate statements, including carrying out scenario analysis, constructing relevant compliance and governance procedures (including attestation processes and record keeping policies).

Regulatory reports

Provide regulatory reports on the development of the new climate reporting regime for clients including credit unions and building societies.

Supporting Growth Alliance

Member of Te Tupu Ngātahi (Supporting Growth) Alliance working to obtain approvals for a new and upgraded transport network in Auckland that will support Auckland's future urban environment by connecting new communities and help Aucklanders travel by safe, low-carbon ways through the delivery of essential transport infrastructure. The Alliance was awarded the prestigious 'Projects Award' at the Resource Management Law Association Awards in 2023 for making a significant contribution to the advancement of best practice and the implementation of the Resource Management Act’s purpose and principles to promote the sustainable management of natural and physical resources.

Contact Energy

Advising Contact Energy on its NZ$750m GeoFuture project and numerous wind, geothermal, hydro and thermal projects and other planning matters.

Kāinga Ora Homes and Communities

Advising Kāinga Ora Homes and Communities on the implementation of the National Policy Statement for Urban Development (NPS-UD) and Intensification Streamline Planning Process planning workstream in Auckland, Wellington and Kāpiti. The NPS-UD sets direction for New Zealand's urban environments to support reductions in greenhouse gas emissions and to ensure communities are designed to be resilient to the effects of climate change, including through enabling council's to have particular regard to the effects of climate change when making planning decisions.

Auckland Light Rail

Advising Auckland Light Rail on the consenting for a rapid transport line between Auckland CBD and the airport. The project was aimed at providing better connections for people with their work and study and enabling new homes in growing communities. At the heart of the project was working to prevent reliance on cars for transport thereby helping reduce emissions and delivering better access for communities including suburbs with limited public transport options.

Kāpiti Coast District Council

Acted for Kāpiti Coast District Council on the development of its Proposed District Plan (PDP), and on highly contentious declaratory proceedings specifically related to the coastal hazard provisions in the PDP. These proceedings are regarded as the leading litigation on coastal climate change issues under the RMA.

RiverLink project

Advising the RiverLink Project partners (NZ Transport Agency Waka Kotahi, Greater Wellington Regional Council and Hutt City Council) as well as KiwiRail on the designation and resource consent applications and notices of requirements for the $700m RiverLink project (new Melling interchange and bridge, new flood protection works and public transport works, and urban renewal and regeneration works for the Lower Hutt City centre).

NZ Transport Agency Waka Kotahi Te Ara Tupua - Ngā Ūranga to Pito-One Shared Path Project

Advised on the NZ Transport Agency Waka Kotahi Te Ara Tupua - Ngā Ūranga to Pito-One Shared Path Project consented under the COVID-19 Recovery (Fast-Track Consenting) Act 2020. The project was specifically designed to provide resilience and protection against sea-level rise for this vital coastal infrastructure corridor (which contains State Highway 2 and the Hutt Valley/Wairarapa rail line).

Hutt City Council

Acted for Hutt City Council on the Eastern Bays Shared Path Project, which involves a new seawall that will improve (and provide for future adaptions to) resilience to sea level rise and climate change in the coastal environment.

Hawke's Bay Regional Council

Acted for Hawke's Bay Regional Council in a peer review capacity on the Clinton to Tangoio Coastal Hazards Strategy 2120.

Greater Wellington Regional Council

Acted for Greater Wellington Regional Council on its region-wide flood protection consents and related issues.

NZ Transport Agency Waka Kotahi East West Link

Advised NZ Transport Agency Waka Kotahi on the East West Link project. This involved a substantial reclamation and embankment to provide new transport connections in Onehunga along with restoration of natural character, improved coastal water quality, better coastal access and protection from coastal flooding for existing industrial areas. We have also been involved in appeals to the High Court and the Supreme Court, which will likely be the leading case authority about the application of the New Zealand Coastal Policy Statement.

Councils

Advised numerous councils throughout the country on the development of planning instruments and plan-related litigation, including through the plan development and section 32 Resource Management Act analysis (requirements for preparing and publishing evaluation reports), hearings and appeal processes, as well as on strategic planning and policy issues, including in respect of climate change adaptation, coastal hazards, and related issues.

Local government

Advising and providing training to local government organisations on good administrative law decision-making in the context of climate change issues.

Judicial reviews

Our litigation, and environment and resource management teams have considerable experience in judicial review proceedings in relation to administrative decision-making, which is increasingly used as an avenue for climate related litigation.

Advising on legislative reform and regulatory developments

Our team is well placed to provide advice on legislative reform and regulatory developments, whether that be providing strategic advice on how proposed changes might affect your project, to assisting with submissions on a proposed bill and being involved in the Select Committee process.

Contact Energy

Advised Contact Energy on the construction of the Te Mihi geothermal electricity generation project.
We also advised Contact Energy on obtaining resource consents and designations associated with several wind farms and geothermal, hydro and thermal projects across various parts of the country.

Ormat Technologies

Advised Ormat Technologies as supplier and EPC contractor on the development and construction of various geothermal generation facilities in New Zealand and overseas.

BioPlant New Zealand

Advised BioPlant New Zealand on the proposed development of waste to energy plants.

Solar power purchase agreement provider

Advised a solar power purchase agreement provider on establishing its small-scale distributed generation of renewable energy in New Zealand, including regulatory issues under the Electricity Industry Act.

Energy Efficiency and Conservation Authority (EECA)

Advised EECA on energy efficiency initiatives, regulatory, contracting and procurement processes - for example, advising on the Warmer Kiwi Homes and Warm Up New Zealand programmes for insulation and heat pump installations, including drafting contracts for providers and providing advice on the implementation of the programmes.

Electricity Authority

Advised the Electricity Authority on amendments to the Electricity Industry Participation Code.

CBS Power

Advised CBS Power on solar farm developments in the Pacific Islands.

Lenders

Advised various lenders providing project financing for the development of electricity generation (solar, wind and geothermal).

Lightsource BP and Contact Energy

Advised Lightsource BP and Contact Energy on all aspects of the Overseas Investment Act consent process for the proposed Kōwhai Park solar farm - a 170 megawatt facility to be built within land owned by Christchurch International Airport. It is expected to supply electricity for 36,000 homes, and will be the first stage of the wider Kōwhai park ecosystem.

We also advised Lightsource BP and Contact Energy on the Glorit Solar Farm - a 150-megawatt photovoltaic facility on a 220-hectare site, located adjacent to the Kaipara Harbour, north Auckland. This is expected to supply electricity for some 33,000 homes and create 200 construction jobs.

Kapuni Green Hydrogen Project

Advised the debt funders for the Kapuni Green Hydrogen Project, an innovative project in the New Zealand market, with four new wind turbines supplying electricity to the grid, an agricultural plant, and also to produce green hydrogen by electrolysis.  We advised on the structuring and procurement of the project, all construction and O&M contracts, and various funding documents.

Equity funders - major solar farm project

Advised equity funders on a proposed investment in a major solar farm project.  This is an important and innovative project for the solar sector in New Zealand, with a number of solar farms to be constructed across New Zealand.  We completed a full legal due diligence, and advised the investor on all principal project documents (most notably the EPC Contract and Plant Supply Contract).  We also advised on the corporate documents associated with the investment and the third-party funding documents for the target.

Auckland Council and Auckland Transport

Acted for Auckland Council and Auckland Transport on the NZ$4.4b City Rail Link project, being New Zealand's largest infrastructure project and the recipient of the 2018 Sustainable Business Network’s Supreme Award.   The project reduces greenhouse gas emissions and environmental impacts, while developing Auckland's much needed public transport infrastructure.  Read more here

Electronet Services

Advised Electronet Services on negotiation of a number of design and build construction contracts for plant and transmission line works for wind farm projects across New Zealand, and associated operation and maintenance contracts.

Solar farm development agreements

Regularly advise both the developers and landowners on negotiation of solar farm development agreements.

Drylandcarbon

Advised Drylandcarbon on all property aspects relating to the deployment of its committed capital, including land acquisitions, forestry right agreements and registered property rights, and regulatory matters under the Overseas Investment Act.

Forest Partners

Advised Forest Partners on all property aspects relating to the deployment of its committed capital, including land acquisitions, forestry right agreements and registered property rights.

Contact Energy

Acted for Contact Energy on its wind farm development projects across New Zealand, including preparing terms sheets, development agreements, investigations licences, forms of easements, and royalty agreements.

Westpower

Advised Westpower on construction contracts for the construction of a hydro power station (NZS 3910 and NEC).

Landcorp Farming

Advised Landcorp Farming on negotiating an option agreement and long-term easement for the construction and operation of a proposed wind farm by Tilt Renewables.

Solar generation facilities

Advised a contractor on the construction of solar generation facilities in the Solomon Islands.

Lightsource BP and Contact Energy

Advised Lightsource BP and Contact Energy on all Overseas Investment Act consent matters under the Overseas Investment Act relating to the proposed establishment of a solar farm at Kōwhai Park, within Christchurch International Airport.

We also advised Lightsource BP and Contact Energy on the proposed Glorit Solar Farm - a 150-megawatt photovoltaic facility on a 220-hectare site, located adjacent to the Kaipara Harbour, north Auckland.

Wind turbine fabricator

Advised an international wind turbine fabricator on construction contracting arrangements for the Turitea wind farm.

Contact Energy

Advised Contact Energy on its NZ$850m sustainability linked syndicated loan agreement, with such loan being the largest sustainability linked loan in New Zealand in 2022.  Read more here

We had previously acted for Contact Energy on its conversion of NZ$305m of bilateral loan agreements to sustainably linked loans.   Read more here

Contact Energy

Advised Contact Energy (NZX, ASX:CEN) on all aspects of its NZ$ Debt Programme, including the preparation of disclosure documentation, establishment of appropriate due diligence frameworks and negotiation of trust deeds and syndicate arrangements relating to:

• The issue and quotation on the NZX Debt Market of new to market NZ$225m unsecured, subordinated, redeemable green capital bonds (NZ Debt Market Issue of the Year - 2022 INFINZ Awards)
• The issue and quotation on the NZX Debt Market of numerous series of unsecured, unsubordinated fixed rate senior green bonds to retail and wholesale investors in New Zealand and certain offshore jurisdictions.

Rabobank

Advised Rabobank as lender and sustainability coordinator on the upsizing of its green loan facility provided to New Zealand Carbon Farming Group - the largest provider of carbon credits in Australasia.  Read more here

ANZ Bank New Zealand

Acted as lead counsel for ANZ Bank New Zealand (as agent, security trustee and sustainability coordinator) and the banking syndicate to complete a refinance of the syndicated loan to Summerset Group for approximately NZ$1.2b, incorporating a NZ$700m sustainability linked loan component.  Read more here

Bank of New Zealand

Advised Bank of New Zealand in developing its sustainability linked loans precedent, with such loans being the first incentive-based loans available for New Zealand farmers and growers.

Bank of New Zealand

Advised Bank of New Zealand on a sustainability linked loan to Deloitte, which was the first sustainability linked loan to a professional services organisation in New Zealand.

Community Finance

Advised Community Finance (as arranger and manager) on the establishment of a social impact debt programmes and related fixed rate note issues.

Major bank

Partnered with a major bank on the project financing of the Kapuni Green Hydrogen Project being undertaken by Hiringa and Balance Agri-Nutrients - this is the first privately financed green hydrogen project in the Southern Hemisphere.

Bank of New Zealand and ASB Bank

Advised Bank of New Zealand and ASB Bank on the first on farm sustainability linked loan in New Zealand.