Experience
Carbon forestry
Our carbon forestry specialists provide market-leading advice to structure and implement arrangements for carbon forests and emissions trading.
We provide advice on the following:
- New Zealand Emissions Trading Scheme (NZ ETS) matters including land categories (pre-1990 and post-1989), liabilities and emissions trading
- Land acquisitions and divestments
- Forestry rights and management agreements
- Security arrangements for emissions units
- Structuring and risk allocation
- Carbon leases and end of life obligations
- Application of the Overseas Investment Act.
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.
Partner, Auckland
Board of Management
Senior Associate, Auckland
Climate change and emissions trading
We are trusted advisers to our public and private sector clients on climate change and emissions trading issues - we’ve been market leaders since 2003. We have a deep understanding of the area and can advise on all aspects of climate change legal issues, including regulatory requirements and the implications for businesses.
We have a unique understanding of how the NZ ETS is designed and operates, because we’ve advised clients on its development and implementation. We also understand carbon markets and the challenges and opportunities these present for businesses.
We advise on a range of emissions trading contracts, including spot and forward, and transactions involving the International Swaps and Derivatives Association emissions trading annex.
Our clients include major NZ ETS participants, foresters, investors, traders, and other businesses that interact with the NZ ETS.
Our environment and resource management team advises on major infrastructure projects and provides strategic advice on climate related constraints and challenges.
We regularly publish on climate change and emissions trading topics.
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.
Senior Associate, Auckland
Senior Associate, Wellington
Climate 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.
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.
Senior Solicitor, Auckland
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.
From April 2024, climate reporting entities will be 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.
Businesses need to start preparing climate statements and setting up systems to comply with their record keeping obligations as soon as possible, to ensure they’re compliant.
We can:
- Support businesses to engage with regulators to shape incoming regulations
- Assist directors to navigate their personal regulatory obligations
- Advise businesses on all aspects of compliance with financial regulatory obligations.
We regularly publish articles on climate reporting 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.
Environment and resource management
We are well-known in the market for our environment and resource management expertise. 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
- Planning for climate change adaptation
- Consenting complex resilience projects (eg Riverlink)
- Renewable energy generation (solar, geothermal, wind, hydro and thermal 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
- Council plan changes.
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.
Partner, Auckland
National Chair
Special Counsel, Wellington
Special Counsel, Christchurch
Senior Associate, Auckland
Senior Associate, Auckland
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 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 more 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.
Partner, Wellington
Board of Management
Regulatory developments, public law and decision-making
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, National Adaptation Plan process, RMA reform and climate change policies.
We are well-placed to advise on the approach of regulators like 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.
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.
Local government
Advised 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.
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.
TechCollect NZ
Advised TechCollect NZ, a not-for-profit organisation established by leading global technology companies to support the development of a regulated product stewardship scheme for electronic products in New Zealand. Most recently, we provided support to the TechCollect NZ led project to develop recommendations to the New Zealand Government that are required for a regulated e-product stewardship scheme in New Zealand.
We also advised TechCollect NZ on a variety of corporate, administration, regulatory and employment matters.
Special Counsel, Auckland
Renewable energy and energy efficiency
We are a leader in the energy sector and stand at the centre of many key developments in the New Zealand energy industry.
We advise clients on wind, hydro, geothermal and solar projects and on renewable energy planning matters. 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.
Our property, public law, and environment and resource management teams regularly advise on renewable energy projects across the country, including negotiating land rights and obtaining the necessary consents for new and existing wind farms, hydro, geothermal, thermal and solar projects.
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.
Partner, Wellington
Board of Management
Special Counsel, Auckland
Senior Associate, Auckland
Sustainable development and construction
We are a national property and construction practice - best known for our work on high-profile, complex, and technically challenging projects.
We provide multi-disciplinary advice to public and private sector clients on a range of sustainable development and construction projects. We support clients throughout the project’s life, enabling them to achieve their ESG and sustainability outcomes.
We are a provider of choice to some of New Zealand's most important and innovative renewable projects. Our team ensures different project participants - including developers, principals, contractor, and funders - have the advice they need.
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.
Partner, Wellington
Board of Management
Senior Associate, Wellington
Senior Associate, Wellington
Sustainable finance
We continue to lead the shift towards financing structures which incorporate environmental, social, and governmental (ESG) considerations. We look for innovative and pragmatic solutions to assist our clients to reach their sustainability ambitions.
Our finance team gives advice to both lenders and borrowers 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
- Green bonds and other sustainable bonds.
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.
Partner, Auckland
Board of Management
Senior Associate, Auckland
Special Counsel, Auckland
Senior Associate, Auckland
