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Public Private Partnerships

We have been actively involved as lead legal adviser in the majority of large privately-financed infrastructure projects implemented in New Zealand in recent years.

Private sector involvement - as investors in economic infrastructure and as partners with the Government in social infrastructure - is being strongly encouraged, with projects involving schools, prisons, and ultrafast broadband already underway.

We deliver a weight of experience, both local and international, across all aspects of PPP transactions. This includes consortium structuring and risk allocation, project funding, construction, services delivery, asset management, and public law and regulatory issues.

The firm has been involved with Crown infrastructure investment projects utilising both traditional PPP models (such as for prisons and schools) and alternative funding models (such as the Crown’s co-investment in the ultrafast broadband network).

Our experience extends to many related structures. These include concessions, DBFM, BOOT and BOT for the delivery of social and economic infrastructure (such as water and wastewater, roading, materials recycling and other waste operations, and stadia) and the management of other public sector assets (such as tertiary education, health, and local government facilities).

We are highly regarded for the commercial approach we bring to contract negotiations, as well as for our technical drafting skills. Our extensive experience of refinancing, variations, market testing and other operational activities, as well as of secondary investments in projects by investors, investment funds, and pension funds, enables us to stand alongside our clients throughout the PPP lifecycle.

Examples of our work

  • Transmission Gully State Highway Project (a $1 billion public private partnership to develop a new highway north of Wellington):
    • New Zealand legal adviser to Wellington Gateway Partnership, the successful consortium on this project
    • legal adviser to the Leighton Contractors Pty and HEB Construction Joint Venture on all aspects relating to the design and construct element of the project
  • Auckland City Council - projects including:
    • Vector Arena - a $80 million, 12,000-seat indoor stadium delivered on a PPP/BOOT basis
    • Britomart - above-ground redevelopment of the heritage Britomart site ($1 billion project) delivered on a PPP basis
  • Wiri Prison Project - legal adviser to the joint venture of Leighton Contractors Pty and Mainzeal Property (LMJV) in all aspects relating to the design and construct aspect of this project
  • Bidding consortium - Hobsonville Schools Project, a multisite project with a Crown service delivery model
  • Ministry of Economic Development (now MBIE) - Ultra-Fast Broadband Initiative, involving the Government's investing $1.35 billion in a national fibre-optic cable broadband network, with significant co-investment by private partners
  • Auckland City Council and Manukau City Council - material recycling facility (based on a typical DBFO or BOOT template, but simplified to match the scale of the project)
  • United Water - franchise establishment for the maintenance and operation of Papakura District Council's water and waste-water services (the first of its kind in New Zealand by a local authority for an essential service)
  • Rodney District Council - Penlink Toll Road project, involving a motorway extension and bridge linking State Highway 1 to the Whangaparoa Peninsula
  • Counties Manukau District Health Board - new car park building for Middlemore Hospital (PPP/DBFO)
  • Christchurch City Council - material recovery facility (DBOO project)