Experience
Construction and projects
Our construction and projects team advises clients on all aspects of construction, from structuring, financing and procurement through to dispute resolution – both in New Zealand and internationally.
We are experienced advising on:
- All construction procurement models (including traditional, design and build, partnering, alliancing, early contractor involvement and other alternative procurement arrangements)
- Procurement processes, including tender evaluations and documentation
- The full range of construction, consultants and engineering contracts used in New Zealand (including NZS, NZIA, CCCS, AS, NEC and FIDIC together with bespoke forms)
- Operations and maintenance agreements and technical services agreements.
Advising Auckland Council and Auckland Transport
on the City Rail Link project, including the Commercial Bay development and the long-term CRL station management contract
Advising Ministry for Primary Industries
on New Zealand’s only enhanced PC3 national biocontainment facility, and in relation to the lease and build of its new forestry hub in Rotorua
Advising Department of Corrections
on its rapid deployment modular build programme, including the negotiation of all tender and construction documentation
Advising Central Plains Water
on stages 1 and 2 of its scheme to irrigate 60,000ha of the Canterbury Plains
Advising Wellington International Airport
on its international terminal project, the runway, taxiway and retail park extensions, parking building and hotel development, and baggage handling system upgrades
Advising Ormat Technologies
in connection with the construction of geothermal generation capacity in New Zealand and internationally
Advising CBS Power
in relation to the construction of solar generation facilities in the Pacific Islands
Partner, Wellington
Board of Management
Special Counsel, Christchurch
Special Counsel, Wellington
Senior Associate, Auckland
Projects and infrastructure financing
Our project and infrastructure financing team advise local and central government, sponsors, contractors and banks on funding and financing for transactions ranging from PPPs to conventional contracting models, across a range of major industrial and social infrastructure projects, major civil works, process and industrial plants, power stations, water and wastewater facilities to oil and gas facilities.
We are experienced advising on:
- All aspects of limited recourse project financing for both borrowers and lenders
- Funding and financing arrangements for local and central government infrastructure projects
- Structured finance and debt capital markets financing for infrastructure projects.
Advising lenders on significant financing transaction
under the Infrastructure Funding and Financing Act
Advising lenders
providing limited recourse financing for the acquisition and operation of student accommodation facilities
Advising lenders
providing project financing for wind farm, solar and geothermal generation developments in New Zealand
Advising sponsors and lenders
in relation to financing for irrigation scheme developments
Advising lenders
providing project financing for the SX Next international fibre optic cable
Advising lenders and sponsors
in relation to the financing arrangements for various PPP projects including schools, prisons, roads and social housing
Advising Community Finance
on its establishment, structuring and financing to facilitate social housing developments
Advising Contact Energy
as borrower in relation to sustainability linked loans and green bonds to finance generation development
Advising BioPlant
as developer of a new Waste to Energy plants
Advising lenders
in relation to privately financed wastewater scheme in Cardrona
Environment and planning
Our environment and planning team advise clients on all aspects of resource management and environmental law.
We advise on the full spectrum of Resource Management Act processes ranging from obtaining resource consents and designations for large infrastructure projects, plan preparation, plan change review and appeals, due diligence and both national and local policy development.
Advising NZ Transport Agency Waka Kotahi
on large transport proposals, including the East West Link - one of New Zealand’s most complex state highway projects, Te Ahu a Turanga Highway (to replace the section of State Highway 3 through the Manawatū Gorge), Te Ara Tupua Walking and Cycling Link (connecting Wellington with the Hutt Valley), the Ōtaki to North of Levin and Peka Peka to Ōtaki Expressways on the Kāpiti Coast, the Mount Messenger Bypass Project in Taranaki, Mill Road, and on numerous planning processes in the upper North Island
Advising Waka Kotahi NZ Transport Agency and Auckland Transport
on the Supporting Growth Alliance which seeks to gain approval for new transport links within the new growth areas of Auckland, including Drury and Silverdale / Dairy Flat
Advising Hutt City Council, Greater Wellington Regional Council and Waka Kotahi NZ Transport Agency
in relation to their RiverLink partnership project – being the largest urban regeneration project in Wellington to date
Advising numerous territorial authorities
on consenting of three waters infrastructure
Advising Auckland Council
on development and planning projects, including the City Rail Link Project, and the Auckland Unitary Plan hearing process, including appearing before the Hearings Panel and in High Court and Environment Court appeals
Advising the Crown
on its ‘All of Government’ submission (on behalf of 22 Government departments and agencies) on the proposed Christchurch Replacement District Plan, before an Independent Hearings Panel
Employment and health and safety
Our employment and health and safety team advise clients on all aspects of employment and health and safety law, providing a pragmatic, problem solving approach to all matters and taking into account not only the legal aspects of employment relationship issues but the practical and interpersonal factors too.
We are experienced in all aspects of employment law, advising on:
- Design and implementation of change and restructuring processes
- Collective bargaining, and in other interactions with unions and collectivised workforces
- Best practice procedures for hiring employees, performance management, misconduct investigations and dismissal
- Avoidance and resolution of personal grievances, disputes and other employment relationship problems
- Protection of confidential information and intellectual property, including the enforcement of restraints of trade
- Negotiating and drafting employment agreements, contracts for services and policies
- Investigations into serious misconduct and other complaints
- Holidays and leave, KiwiSaver and superannuation, information and privacy, accident compensation, discrimination, harassment and bullying, remuneration and medical, stress and disability issues.
We are experienced in all aspects of health and safety law, advising on:
- Guidance and compliance for businesses, including governance boards, directors and senior managers with the Health and Safety at Work Act 2015, associated regulations and codes of practice
- Providing advice in relation to accidents and subsequent investigations, assisting clients in their communications with the regulator, and to avoid prosecutions
- Defending prosecutions and other enforcement action by WorkSafe
- Drafting and revising workplace policies and strategies, including regarding specific areas such as harassment, bullying and stress, and drugs and alcohol.
Advising Auckland Transport
on the employment aspects arising from its open-market tender for a long-term franchise contract for public transport rail services in Auckland
Advising China Railway
in a restructuring of its New Zealand business, together with assisting with a number of disciplinary processes arising from employee misconduct and breaches of confidential information
Advising EnviroWaste
following a workplace fatality in investigations by WorkSafe, and in the subsequent criminal prosecution in the District Court (after successfully negotiating with WorkSafe to reduce the charges)
Advising a Crown entity
investigated as a principal as a result of a serious harm injury sustained during a fall from height on a building construction site
Advising Waikaia Gold
in WorkSafe's investigation following a workplace death at the heavy machinery workshop located on site. We engaged technical experts, provided advice and support to Waikaia Gold during WorkSafe's investigation including sitting in on staff interviews. We were successful in convincing WorkSafe not to prosecute our client
Advising KiwiRail
in successfully defending proceedings bought in the Employment Court by a former employee who was challenging the justification of his dismissal for serious misconduct (drug use), following a crash
Advising Waka Kotahi
on the application of the Health and Safety at Work Act to its Code of Practice for temporary traffic management, a code that sets the requirements for the safe and efficient management and operation of temporary traffic management on all roads in New Zealand
Partner, Auckland
National Chair
Local government
Our local government team supports regional, district and city councils throughout New Zealand. We are widely recognised as a national leader in the practice of local government law in New Zealand, supporting our clients in the delivery of their objectives in an increasingly complex political, financial and regulatory environment.
We are the principal legal adviser to Christchurch City Council, Selwyn District Council, Hurunui District Council, Horowhenua District Council, and a significant provider to Auckland Council and many other unitary, regional, and district councils around New Zealand.
Advising Auckland Council
on a variety of key Unitary Plan topics throughout the Independent Hearings Panel process including Manu Whenua, infrastructure, significant ecological areas and coastal provisions as well as all related Environment Court and High Court appeals
Advising Waikato District Council
on its long-term concession franchise with Watercare Services for the operation and management of the water, wastewater and storm water assets and services of Waikato District Council
Advising Waka Kotahi NZ Transport Agency
in relation to appeals on the Bay of Plenty Regional Coastal Environment Plan regarding the regionally significant infrastructure provisions
Advising the Crown
on its ‘All of Government’ submission (on behalf of 22 Government departments and agencies) on the proposed Christchurch Replacement District Plan, before an Independent Hearings Panel
Advising Auckland Transport
on the open-market tender processes and sole-source negotiations for public transport rail, bus and ferry services and related assets, such as the Auckland electric train fleet
Māori law
Our Māori law team advise Crown, local government and private entities on Maori law issues and working effectively with Māori. We are recognised as having one of New Zealand's leading Māori law teams.
We are experienced advising on:
- Contemporary Māori law issues and the historical Treaty of Waitangi settlement process and negotiations
- Local government and other infrastructure development entities on building relationship frameworks, working with Māori in light of their statutory obligations under local government legislation, the Resource Management Act 1991 and other legislation
- RMA processes involving Māori and other processes including in the Māori Land Court.
Advising the Crown, local government and infrastructure development entities
on the Treaty of Waitangi, statutory provisions relating to Māori and Māori legal and relationship issues
Advising the Crown
on the negotiation, design and implementation of over 40 Treaty settlements, particularly around co-governance and co-management of natural resources and local government frameworks with Māori. This has included the Tuhoe (Te Urewera National Park), Whanganui River, Waikato River, Rangitaiki and Kaituna Rivers, Te Tau Ihu (eight iwi - top of the South Island) and Te Hiku (five iwi - Northland)
Working closely with a range of infrastructure development entities, including Waka Kotahi and local authorities
in engaging and negotiating partnership frameworks and project agreements in infrastructure projects and resolving Māori legal issues
Facilitating a number of governance, collaboration and co-design processes
between Iwi and infrastructure development entities
Acting for infrastructure development entities
in relation to Māori land and Te Ture Whenua Māori Act 1993, including appearing in the Māori Land Court
Appearing in the Environment Court, High Court, Court of Appeal and Supreme Court
on Māori law and Treaty of Waitangi issues
Public law
Our public law team advise public and private sector clients on a full range of public law and regulatory issues. For public sector clients, we assist them development and implementation of regulatory solutions that work while, for private sector clients, we assist them in interacting with government and responding to regulation.
We are recognised as the adviser or choice on public law and regulatory issues in New Zealand.
Advising the Energy Efficiency and Conservation Authority
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
Advising Electricity Authority
on a number of large projects, and changes to the Electricity Industry Participation Code through orders in council
Advising Infratil and Brookfield Asset Management
in relation to their landmark NZ$3.4b acquisition of Vodafone New Zealand, and led the work on Infratil’s successful applications for clearance from the Commerce Commission for the acquisition and for approval from the Overseas Investment Office
Advising Auckland Transport and Greater Wellington Regional Council
on reforms to rail network planning and funding under the Land Transport (Rail) Legislation Bill 2019
Tax
Our tax law team advise private and public sector clients on all aspects of New Zealand tax, including income tax, GST and duties. We help our clients identify the taxation consequences of their particular project / transaction and provide holistic and tax efficient solutions that meet our clients' needs while addressing the intricacies of the New Zealand tax rules.
We are experienced advising on:
- Tax-effective structures for domestic and international business operations and in-bound and out-bound investment
- Obtaining rulings from the New Zealand Inland Revenue to deliver certainty over tax outcomes for projects / transactions.
Advising a consortium comprising of Infratil and Brookfield Asset Management
on the NZ$3.4b acquisition of Vodafone New Zealand
Advising Auckland Council
on a reorganisation and transfer of the ownership and control of significant assets and businesses comprising the Auckland waterfront, including marinas, wharves and land
Special Counsel, Wellington
Property
Our property and real estate team supports private and public sector clients on a full range of property law services throughout New Zealand, combining practical local knowledge with national expertise and depth.
We are experienced advising on:
- Acquisitions and disposals
- Leasing and development agreements
- Developments and subdivisions
- All types of property related documentation, including licences, easements, encumbrances and covenants
- Property and portfolio management
- Public Works Act transactions, including in the context of urban renewal projects.
Advising Contact Energy
on its geothermal rights including easements, encumbrances and land acquisition strategy relating to numerous wind farm projects
Advising Ministry for Primary Industries, Treasury, Colgate Palmolive and Department of Internal Affairs
on anchor tenant leasing arrangements and development agreements
Advising Waka Kotahi NZ Transport Agency
on its land acquisition strategy and mitigation agreements for a number of its state highway projects including, Mt Messenger Bypass, Te Ahu a Turanga: Manawatu Tararua Highway, Te Ara Tupua
Advising Auckland Council and Panuku Development Auckland
on urban renewal and town centre renewal projects including the transformational project for Aotea Square and the adaptive reuse of the Civic administration building and the Britomart precinct project
Advising Infratil Infrastructure Property
on the redevelopment and urban regeneration of the New Lynn Town Centre and construction and development in the Wynyard Quarter
Advising Auckland Transport and Auckland Council
on Precinct Properties Holdings’ Commercial Bay development, including the disposal of QE Square, the acquisition of subterranean title for the City Rail Link and related easements, encumbrances and covenants
Advising Selwyn District Council
with the largest industrial/business park development in New Zealand. At over 180ha, the project required Buddle Findlay to advise on multifaceted aspects including, subdivisions, sales, leasing, acquisitions and consenting issues
Partner, Wellington
Board of Management
Transport
We are a key legal provider in the transport sector. Our team provides transport law advice across the legal service spectrum, including transport regulation and policy, resource management, property, construction, procurement and employment law.
We are one of three leading external legal providers to Waka Kotahi NZ Transport Agency to advise it on a range of transport and other matters.
Advising Auckland Council and Auckland Transport
on the City Rail Link project, including the Commercial Bay redevelopment and the long-term station management contract
Advising Waka Kotahi NZ Transport Agency and Auckland Transport
on the Supporting Growth Alliance (as joint legal advisers with Bell Gully), working with Waka Kotahi, Auckland Transport, AECOM and Beca as the other participants to gain approval for new transport links within the new growth areas of Auckland, including Drury and Silverdale / Dairy Flat. This work will continue for many years
Advising Auckland Transport
on the open-market tender and sole-source negotiated processes for public transport rail, ferry and bus services and the procurement of public transport assets such as the Auckland electric train fleet
Advising Kinetic of Australia
(and its shareholder, OPTrust of Canada) on its acquisition of all shares in Go-Bus Holdings (currently ultimately owned by local Maori interests, Ngāi Tahu Holdings Corporation and Tainui Group Holdings)
Advising Maritime New Zealand
on the international regulatory requirements for Parts 40A to 49 of the Maritime Rules to aid Maritime New Zealand in its 40 series reform project
Advising Treasury
in relation to PPP roading projects including Transmission Gully and Pūhoi to Warkworth
Energy and renewables (including electricity)
We are a leader in the energy and renewables sector. We stand at the centre of many key developments in the New Zealand energy and resources industry.
Our team is the leading adviser to the Electricity Authority, the principal electricity industry regulator, as well as a number of other prominent public sector entities in this sector. In addition, our team regularly advises a number of the most significant industry participants in New Zealand on various aspects of their businesses, including corporate transactions, development and acquisition of new assets, emissions trading, hedging, regulatory issues, planning and environmental issues, supply contracts, customer arrangements, and general corporate and commercial advice.
Advising Contact Energy
on the construction of the Te Mihi geothermal electricity generation project, the Ahuroa gas storage project, and on the construction contracting arrangements for the Otahuhu B, Wairakei Binary, and Whirinaki power stations
Advising Contact Energy
on obtaining resource consents and designations associated with several wind farms and geothermal power stations
Advising Electricity Authority
on its review of Transpower New Zealand's proposal to vary the current transmission pricing methodology
Advising Genesis Energy
on issues associated with the national policy statement for freshwater management 2014, variation 5, the Waitaki sub-region, to the proposed Canterbury land and water regional plan and water allocation issues associated with its Tekapo hydro-generation assets
Advising The consortium of Infratil and Guardians of New Zealand Superannuation Fund
on the acquisition of the retail assets of Shell New Zealand
Advising the Crown
on marine consenting requirements for decommissioning the Tui Oil Field
Advising Ormat Technologies
as supplier and EPC contractor in relation to the development and construction of various geothermal generation facilities in New Zealand and internationally
Advising BioPlant
in relation to the proposed development of waste to energy plants
Advising CBS Power
in relation to solar farm developments in the Pacific Islands
Advising various lenders
providing project financing for the development of electricity generation (solar, wind and geothermal) and oil and gas projects
Partner, Wellington
Board of Management
Irrigation
We have extensive experience in the irrigation sector. We have advised clients on irrigation schemes at all stages of development, including initial planning and policy matters, resource consent applications and proceedings, Public Works Act, equity capital raises, rights issues, senior and subordinated debt financing arrangements, corporate and structuring advice.
We also advise on third party contractual arrangements, procurement strategy, construction contract documents and construction disputes.
Advising Central Plains Water
on all aspects of its scheme including resource consent applications and proceedings, initial equity capital raise, numerous debt, priority and other commercial arrangements, rights issues, senior and subordinated debt financing requirements, procurement strategy and construction contract negotiation and documentation
Advising North Otago Irrigation Company
on its equity capital raises (co-advised with a local legal services provider), construction contract negotiation and documentation, and construction disputes
Advising Hunter Downs Water
on its 2017 construction equity raise, water user agreement, contractual arrangements with third parties, initial legal due diligence for financiers and preparation of construction contract and associated documents
Irrigation – Advising Hurunui District Council
and potential investors on investment issues associated with the Hurunui Water Project
Advising Bank of New Zealand
on the financing for Stage 2 of the Barrhill Chertsey Irrigation Scheme (BCIS) and the buyout by Barrhill Chertsey Irrigation of Electricity Ashburton from BCIS
Special Counsel, Christchurch
Water and waste water
We have significant expertise and experience in the water and waste-water sector. Our team has a deep understanding of the social, economic, cultural and environmental interests associated with water and waste water management.
This is established through working with an extensive client base of local authorities, as well as provide entities involved in the supply, treatment and use of water.
Advising Waikato District Council
in connection with the long-term concession franchise with Watercare Services for the operation and management of the water, wastewater and storm water assets and services of Waikato District Council
Advising Boards of Inquiry
in respect of the Tukituki Catchment proposal, a water quality and quantity based regional plan change related to farm intensification and a designation and resource consents for a dam and irrigation scheme covering some 25,000ha, and the Ruakura Development Plan Change Request (inland port and commercial/industrial hub)
Advising Hawke’s Bay District Health Board
on RMA aspects of the Havelock North Drinking Water Inquiry, Regional Policy Statement and Plan changes associated with drinking water source protection and the 2013 fluoride referendum
Advising Gisborne District Council and Otago Regional Council
on the incorporation of the 2014 National Policy Statement for Freshwater Management into their regional planning documents and freshwater plan processes
Advising numerous territorial authorities
on consenting and reconsenting three waters infrastructure
Advising Te Arawhiti
(formerly the Office of Treaty Settlements) on over 45 historical Treaty of Waitangi settlements including the Waikato River, Whanganui River, Kaituna River, Rangitaiki River and a range of other waterbodies and governance entities such as the Te Tau Ihu (top of the South Island) rivers and freshwater advisory committee. This involved significant work and negotiations with iwi to find novel solutions and partnering approaches
Urban renewal
We have a depth of expertise advising on and guiding the delivery of some of New Zealand's most significant urban development projects. This expertise spans the full life cycle of an urban renewal project, from initial structuring, through planning and construction, to ongoing operations, maintenance and management.
In this sector, we have:
- A strong track record advising government agencies, local authorities and private developers on adapting to and enabling urban growth
- Collaborative experience working in urban growth alliances alongside technical experts, local and central government agencies and tangata whenua
- Substantial experience working with public infrastructure providers to designate for and enable infrastructure to support growth.
Advising Auckland Council and Eke Panuku
on a wide range of its most recent and most notable urban development transactions, including the Aotea Station TOD/OSD development, the Avondale central redevelopment, The Manukau city centre redevelopment, the Takapuna city centre redevelopment, Wynyard Quarter, the New Lynn transport centre and mixed use redevelopment, the Hobsonville mixed use development and all aspects of the Britomart precinct urban regeneration project since 2003
Urban renewal – Advising Auckland Tourism Events and Economic Development
on the development agreement with Precinct Properties for the development and lease of a bespoke 8,400 square metre Innovation Precinct building at Wynyard Quarter
Advising Hutt City Council, Greater Wellington Regional Council (GWRC) and Waka Kotahi NZ Transport Agency
in relation to their RiverLink partnership project – being the largest urban regeneration project in Wellington to date
Advising Selwyn District Council
on all aspects of the Izone development, being the largest industrial/business park development in New Zealand (at over 180ha), including subdivisions, sales, leasing, acquisitions and consenting issues
Advising Community Finance
on its establishment and funding to support social housing development
Advising various lenders
providing finance for social and affordable housing developments and student accommodation
Advising private residential developers
in various projects in the Auckland region
Partner, Wellington
Board of Management
Special Counsel, Christchurch
