Infrastructure

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.

Work highlights

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

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.

Work highlights

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

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.

Work highlights

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 NZ Transport Agency Waka Kotahi 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

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.

Work highlights

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

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.

Work highlights

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

Our Māori law team advise Crown, local government and private entities on Māori 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.

Work highlights

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)

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.

Work highlights

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

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.

Work highlights

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

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.

Work highlights

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

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.

Work highlights

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 Transport Agency Waka Kotahi NZ 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

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 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 (including Overseas Investment Act consent), planning and environmental issues, supply contracts, customer arrangements, and general corporate and commercial advice.

Work highlights

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

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.

Work highlights

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

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.

Work highlights

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)

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.

Work highlights

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