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Roading

We have advised various users on their contractual relationship with transport operators. We also provide legal advice to public and private bodies (including local authorities and Transit New Zealand) on the provisions of the Resource Management Act and other environmental and local government legislation including the Local Government Act, Public Works Act and Transit New Zealand Act. We worked on the Weiti Toll Road (Penlink Project) – the first privately funded and owned toll road in New Zealand. The PENLINK project required specific legislation to allow the project to be funded under a tolling/concession agreement regime. Simpson Grierson drafted that legislation which was introduced to Parliament in May last year. Subsequently the Bill has been subsumed as part of the Land Transport Management Bill 2002. We are also specialists in contractual documents for roading projects.

Experience we have relating to roading includes:

  • acting for the joint proponents (Auckland City, Manaukau City and Transit New Zealand) of the proposed Eastern Transport Corridor;
  • acting for Kapiti Coast District Council and Taupo District Council in pursuing major roading projects, including resulting Environment Court litigation;
  • Weiti Toll Road (Penlink Project) – the first privately funded and owned toll road in New Zealand. We are acting for Rodney District Council on all the acquisitions of land for this corridor, being both urban and rural land, and involving exchanges and complex compensation issues. Also advised on the environmental legislation and commercial aspects;
  • Auckland International Airport including the international terminal development;
  • Britomart Transport Centre;
  • advising Fletcher Construction in relation to Free Flow Alliance established for the Grafton Gully to Central Motorway Junction in Auckland (see above);
  • North Shore Busway project– We acted for North Shore City Council which, with Transit New Zealand, sought the necessary planning consents and land for the North Shore Busway Project. This involved complex negotiations with substantial land owners who were against the acquisition of their land for this project, and successfully defending a number of appeals against the project in the Environment Court;
    Kapiti Urban Roading Project;
  • Transmission Gully Roading Project;
  • Second Manapouri Tailrace Tunnel;
  • State Highway 1 Upgrade - Paremata;
  • East Taupo Arterial Project;
  • South Eastern Arterial Road – Auckland;
  • Mangere Motorway extension;
  • several long term maintenance contracts for Auckland City;
  • drafting of pro forma SOMAC documentation for TRANSIT via Opus Consultants;
  • Khyber Pass/Symonds Street Intersection;
  • Khyber Pass Arterial Improvements;
  • re-development of Viaduct Basin Public Open Space Areas;
  • Rail Lighting Project;
  • Fletcher South Pacific – roading in Western Samoa;
  • Papua New Guinea Banking Corporation – roading project;
  • various long tem road maintenance contacts for Local Authorities throughout New Zealand;
  • Great Barrier Island road maintenance for Auckland City;
  • Green Lane Road West road widening for Auckland City Council;
  • establishment of bus priority routes throughout Auckland City;
  • implementation of real time passenger information and signal pre-emption system for Auckland City;
  • advising in relation to alliancing agreement for street environment contracts;
  • North Western Cycle Way contract for Auckland City;
  • Sandringham Road/Balmoral Road intersection for Auckland City;
  • traffic signals contract for Auckland City;
  • Great South Road/Station Road for Auckland City;
  • structures maintenance contracts for Auckland City Council;
  • road rehabilitation contracts for Auckland City Council;
  • sign services contracts for Auckland City Council Traffic & Roading Services;
  • Avondale Cycleway for Auckland City;
  • advising Auckland City Council in relation to disputes arising out of the South Eastern arterial roading project;
  • advising various local authorities in relation to Transfund CPP requirements;
  • Road Network Management Agreement (Long Term Single Point responsibility road management agreements) for Rodney District Council;
  • Roading maintenance contracts for Rodney District Council;
  • Roading maintenance contracts and associate disputes for Waitomo District Council;
  • advising contractor in relation to street maintenance contracts for Kaipara District Council;
  • Tauranga Second Harbour Crossing – all property and environmental issues;
  • the Link Road between ALPURT (SH1) Orewa;
  • State Highway 20 – this project involves a number of reserves, some of which are Council reserves and others Department of Conservation reserves, and replacing those reserves with other land;
  • Resource consents for designation for Route K and eastern arterial roading projects for Tauranga;
  • Roading maintenance contracts (various councils);
  • partnering and alliancing agreements;
  • design and build and turnkey contracts; and
  • Roading and maintenance contracts.

Our Property specialists have also acted on many road widening projects involving acquisition of land under the Public Works Act. We outline below the projects which involved the widening of roads on a significant basis (long chains) and which have included cross-leases, unit titles, ground bases and commercial tenancies:

  • Taharoto Rd – for North Shore City Council;
  • Great South Rd – for Auckland City Council;
  • Esmonde Rd for North Shore City Council;
  • Fanshawe St – for Auckland City Council; and
  • Balmoral Rd/St Lukes Rd for Auckland City Council.