Overview

We are a leading provider of climate change and sustainability legal services

As a full service law firm we have a broad range of legal expertise relevant to climate change and sustainability.  We offer a deep understanding of the challenges and opportunities businesses face in these areas.

Our expertise spans across several key areas

We can provide advice on the legal, commercial and regulatory aspects of the following:

  • Carbon forestry (including financing), carbon markets and emissions trading

  • Climate related litigation

  • Climate reporting and financial regulation

  • Energy and renewables consenting and development

  • Environment and resource management

  • Green leasing

  • Regulatory developments, public law and decision-making processes

  • Sustainable finance.

Supporting Hurunui District Council

The Hurunui District Council developed a Coastal Adaptation Plan for Amberley Beach in 2023. The Plan sets out how the community will adapt to the impacts of climate change, rising groundwater and sea levels, coastal erosion, coastal inundation, flooding and changing risk over the next 100 years.

Read case study here

Powering change: How Buddle Findlay helped New Zealand Steel reduce emissions

New Zealand Steel, a leading steel manufacturer in New Zealand, faced the challenge of needing to ensure long term viability of steel making in New Zealand / reduce its carbon footprint at its Glenbrook steel mill, south of Auckland.

Read case study here

A Sustainability Linked Loan for Summerset Group

Buddle Findlay advised ANZ in relation to Summerset Group's syndicated facility refinance incorporating a Sustainability Linked Loan of NZ$700m...

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New Zealand Steel

Buddle Findlay acts 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.

Read case study here

Contact Energy's GeoFuture geothermal power development

Since 2019 we have been acting for Contact Energy (Contact) on its proposed GeoFuture geothermal power development on the Wairākei Geothermal Field.

Read case study here

Planning and coastal hazard litigation for KCDC

From 2016 to 2018, we acted for Kāpiti Coast District Council on declaratory proceedings arising from the coastal hazard management provisions of their Proposed District Plan.

Read case study here
Carbon forestry (including financing)

Carbon forestry (including financing), carbon markets and emissions trading

Our expertise in carbon forestry and carbon markets is built on two decades of experience, including advising on the development and implementation of the New Zealand Emissions Trading Scheme (NZ ETS) itself.

We work with public and private sector clients across the full range of carbon forestry and emissions trading matters, from structuring and financing carbon forest projects to negotiating New Zealand emissions units (NZUs) trading contracts and managing ETS compliance obligations.  We provide advice on the following:

  • NZ ETS matters including land categories (pre-1990 and post-1989), liabilities and emissions trading, including providing advice on forest owners and emissions producers in relation to their rights under the NZ ETS and CCRA

  • The NZ ETS dimensions of forestry transactions - from acquisitions and divestments of forestry interests through to managing ongoing obligations under carbon leases, forestry rights and other long-term arrangements

  • Privately run voluntary nature and carbon market transactions and project structuring

  • Finance for forest acquisition and planting

  • Security arrangements for land, trees, cut timber and NZUs.

Work highlights 

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.

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Climate related litigation

Climate related litigation

We have a leading New Zealand litigation practice with experience in climate related litigation.

Our litigation team regularly represents listed entities and other prominent clients in significant, complex, high-value litigation.

We act on a broad range of litigation, including resolving contractual, tortious, property, construction, and valuation disputes.

We appear in all courts and spend a considerable amount of time working on mediations and other forms of alternative dispute resolution.

Our environment and resource management team provide specialist advice on climate related litigation under the Resource Management Act 1991 (RMA) and regularly appear at Council hearings and in the Environment Court.  The team has acted in leading RMA litigation for planning for coastal hazards and major infrastructure projects, including renewable energy projects such as solar and wind generation.

We also have considerable experience in judicial review proceedings in relation to administrative decision-making, which is increasingly used as an avenue for climate related litigation.

Work highlights

New Zealand Steel

Acting 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.

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Climate reporting and financial regulation

Climate reporting and financial regulation

Our financial services regulation team are at the forefront of climate reporting and financial regulation.  They provide advice to businesses and directors to help them understand and comply with their potential upcoming climate related disclosure obligations.

Climate reporting entities are required to prepare and lodge climate statements that comply with climate standards issued by the External Reporting Board, and keep records that show the climate statements are compliant with those climate standards.  These entities include registered banks, registered insurers, credit unions and building societies.

We have assisted climate reporting entities to prepare climate statements and establish systems to comply with their record keeping obligations and to ensure they’re compliant.

As part of our climate reporting work we have:

  • Supported businesses to engage with regulators, and to make submissions, to shape incoming regulations

  • Assisted directors to navigate their personal regulatory obligations

  • Advised businesses on all aspects of compliance with financial regulatory obligations.

We also regularly publish articles on developments in climate reporting obligations, which are continuing to change as government policy and international trends continue to develop.

Work highlights

ICBC climate related disclosures exemption

Advised an international bank, Industrial and Commercial Bank of China Limited, on engagement with the Financial Markets Authority to obtain a comprehensive exemption from the climate related disclosure requirements in Part 7A of the Financial Markets Conduct Act 2013.

International bank exemption

Advised a major international bank on compliance with its climate-related disclosure requirements under part 7A of the Financial Markets Conduct Act 2013, including preparation of initial climate statements.

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Energy and renewables consenting and development

Energy and renewables consenting and development

We have best-in-class experience advising on all legal aspects of the development, implementation and financing of renewable energy and decarbonisation projects in New Zealand – including wind (onshore and offshore), solar, geothermal, hydro, green hydrogen and waste-to-energy projects.

Our team are recognised market leaders in all aspects of:

  • The development and implementation of renewable energy projects, from resource management/consenting, real estate and property, foreign investment approvals, structuring and financing, commercial contracting and construction, through to project completion, ongoing operations and dispute resolution

  • The financing of renewable energy projects, including limited recourse project financing, corporate financing and green loans.

Work highlights

Lightsource BP and Contact Energy

Advising Lightsource BP and Contact Energy on the project development and implementation aspects of the Kōwhai Park, Glorit and Stratford solar farms, including consenting, regulatory approvals, property construction and financing matters.

Contact Energy

Successfully obtaining fast-track approvals for Contact Energy to establish and operate the Southland Wind Farm - a 250-350 megawatt wind farm in Southland, expected to generate sufficient electricity to power 110,000-150,000 households.

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

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Environment and resource management

Environment and resource management

Our national resource management and environment team is New Zealand’s largest.  We have advised on a broad range of environmental, infrastructure, climate change, and transport-related projects.  We are also experienced in advising central and local government to fulfil obligations to Māori and develop partnerships with iwi/hapū.

Our national environment and resource management team has worked at the heart of New Zealand's most significant infrastructure projects and planning processes.  We work collaboratively to provide timely and pragmatic legal advice to a range of clients including developers, central and local government bodies, and other entities.

We advise extensively on climate change-related issues, including:

  • RMA and climate change legislation reform

  • Advising on regulatory processes relating to GHG emissions reduction

  • Planning for climate change adaptation including flooding and coastal hazard plains

  • Consenting complex resilience projects (eg Riverlink)

  • Renewable energy generation (solar, geothermal, wind, hydro and thermal) and storage projects

  • Consenting large scale transport projects, including those with a focus on active mode shift

  • Emissions reduction planning eg vehicle kilometres travelled (VKT)

  • Assessing the carbon footprint of projects

  • Reviewing Assessments of Environmental Effects

  • Complex environmental consenting issues eg air quality, freshwater, natural hazards, flooding and ecology-related matters.

Work highlights

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 RMA’s purpose and principles to promote the sustainable management of natural and physical resources.

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.

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Green leasing

Green leasing

We are experts in green leasing, addressing both the traditional environmental clauses and a more recent trend to using real estate decisions to achieve broader environmental, social, and governmental (ESG) objectives.  Green leases encourage a collaboration between the landlord and the tenant to reduce the environmental impact of the leased property.  Landlords are encouraged to consider green leasing, not only to reduce the long term operational costs of the asset but to attract higher quality tenants.  Astute tenants (particularly those with a global reach) are requiring green leases as part of their internal ESG reporting requirements to their own investors and financial institutions. Green leasing allows both landlord and tenant to provide stronger ESG performance and transparency in reporting. Landlords who can demonstrate this are able to attract funding and tenants ahead of their competitors.  Recognition of climate change, sustainability and broader ESG principles will increasingly be needed to grant businesses (including landlords) the social licence to operate - green leasing can be part of this process.

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Regulatory developments, public law and decision-making processes

Regulatory developments, public law and decision-making processes

Our teams are actively engaged with, and follow, regulatory and policy developments and are well placed to help develop policy proposals and regulatory frameworks, and advise clients on the impacts of changes to legislation and policy.   For example, as a result of New Zealand's Emissions Reduction Plan, climate change policies, and developments in terms of foreign investment in renewable energy.

We are well-placed to advise on the approach of regulators like the Overseas Investment Office and the Commerce Commission - including advising on competition implications of competitor collaborations aimed at sustainability goals and the Commission's Collaboration and Sustainability Guidelines, and reviewing and advising on Fair Trading Act issues and complaints relating to environmental claims/greenwashing and the Commission's Environmental Claims Guidelines.

We also provide advice to a range of participants in the electricity industry including generators, retailers, lines companies, and financiers, and have an in-depth understanding of the electricity regulatory regime having advised the Electricity Authority and market participants on regulatory issues under the Electricity Industry Act and Code.

We have also been a key adviser to the Energy Efficiency and Conservation Authority (EECA) - a Crown entity dedicated to promoting energy efficiency, energy conservation, and the use of renewable energy sources.

The impact of climate change and the desire to embed sustainability objectives in decision-making processes have and will continue to put pressure on both the public sector (including central and local government), and businesses, individuals, and communities impacted by those decisions.  We are experts at ensuring that our clients in the public sector make good decisions consistent with their statutory and administrative law obligations.  We advocate for our clients, and help them understand how decisions might affect them, and to be involved in decision-making processes in a way that best represents their needs.

Work highlights

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.

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Sustainable finance

Sustainable finance

We continue to lead the shift towards financing structures which incorporate ESG considerations.  We look for innovative and pragmatic solutions to assist our clients to reach their sustainability ambitions.

Our finance team gives advice to lenders, borrowers and issuers on a broad range of sustainable finance products - helping clients move to financing structures that incorporate ESG considerations.

Our specialists in sustainable finance provide market-leading advice on a broad spectrum of sustainable finance products.

These products include:

  • Sustainability linked loans

  • Green loans

  • Impact and social investing

  • Carbon trading products

  • Carbon forest financing (ETS and VCS)

  • Green bonds and other sustainable bonds.

Work highlights

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.  

Contact Energy

Advising Contact Energy (NZX, ASX:CEN) on its debt issuance programmes, including on:

  • Its initial offer of NZ$225m 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 bonds Including its offer of NZ$250m green capital bonds (NZ Debt Market Issue of the Year - 2025 INFINZ Awards).

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