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Michael Weatherall
PGDip (Law) (UK), PGDip (Leg.Prac.) (UK), BE (civil) (Hons) (Canterbury) MIPENZ
Partner - Auckland

Areas of Practice
Construction
Energy, Networks and Utilities
Transport
Local Government
Mining and Natural Resources
Sea Transport Maritime Law and Fishing
Air Transport
Rail Transport
Sustainable Transport

Michael is a partner in Simpson Grierson's Resources and Infrastructure Department and leads the construction law team. He is one of New Zealand's leading construction lawyers, and internationally he is listed among the leading practitioners in this field in The International Who's Who of Construction Lawyers 2005.

Michael has specialised in construction law since 1992, initially with the largest construction law firm in the UK, and since 1997 with Simpson Grierson.  Prior to qualifying as a lawyer Michael was a structural engineer and project manager.

Michael's experience extends across virtually all industry sectors, including building (commercial and residential buildings, prisons, hospitals, and sports and entertainment facilities), roading, transport, mining, tunnelling, water and wastewater, electricity, and telecommunications. His specialist expertise includes:

  • Structuring and documenting building and infrastructure projects
  • Relationship contracting, including partnering and alliancing, on complex projects
  • Tender and other procurement processes and documentation
  • Public Private Partnerships (PPPs) and the use of private finance in the funding of infrastructure projects (BOOTs and DBFOs including tolling)
  • The legislation and regulation controlling the construction industry in New Zealand
  • The resolution of construction and engineering disputes.  Michael has extensive experience in litigation, arbitration, dispute review boards, mediation, negotiation and other forms of ADR

Michael was a member of the Standards New Zealand Committee which drafted the New Zealand Standard Conditions of Contract for Construction and Engineering Projects, NZS3910:2003, and was a lead contributor to the drafting of the 2005 edition of the ACENZ/ IPENZ Conditions of Contract for Consultancy Services. He is author of the Legal Eye column in Build Magazine, publishing bi-monthly articles on construction law related topics. He has been a guest lecturer at the University of Auckland for the School of Engineering/Continuing Education Department, and at Unitec for the Master of Project Management Course. He also regularly speaks at industry conferences.


Current and recent large scale infrastructure projects in which Michael is or was involved as principal legal adviser (either in relation to documentation or dispute resolution) include:

  • The NZ$1 billion+ Victoria Quarter development project involving over 20 mixed use commercial, retail and residential building in the Victoria Quarter adjacent to the Auckland CBD
  • Transpower's 400kV transmission line project including drafting the Interim Project Alliance Agreement and the Project Alliance Agreement for procurement of this project on a "competitive alliance" basis (the first competitive alliance in New Zealand)
  • The NZ$200 million terminal expansion project for Christchurch International Airport
  • Auckland City's NZ$80 million, 12,000 seat indoor stadium to be delivered on a PPP/BOOT basis, including drafting the Concession Deed and associated documents
  • Waihi Gold's Project Alliance Agreements with Leighton Contractors for the development of the new Favona underground Mine in Waihi
  • Disputes in relation to the Mt Smart Stadium reconstruction
  • Advising Christchurch City on disputes arising from a pipeline contract
  • Project disputes on the Waihi gold mine (resolved via mediation)
  • Coca-Cola Amatil's expansion of its facilities in Auckland
  • Advising Energex Ltd in relation to various head contracts and subcontract agreements
  • Rail facility contracts for Toll (NZ) Ltd
  • Housing New Zealand's refurbishment of the 9 Talbot Park tower block apartments and associated residential developments
  • Denarau Island developer Tabua Investments' Golf Terrace Apartments, Sheraton Denarau Villas and Denarau Beach Resort projects
  • North Shore City's NZ$32 million Wastewater Treatment Plant upgrade and associated outfall project
  • Whangaparaoa Trunk pipeline for Rodney District
  • Christchurch City's NZ$80 million sewage outfall project
  • North Shore City's trunk sewer and ocean outfall project
  • Waitaki District's water treatment plant upgrade project
  • Wellington and Hutt City water management contracts for Abigroup (NZ) Ltd
  • Advising the contractor, Manukau Wastewater Services Ltd (an international joint venture), on Project Manukau, a $470 million wastewater treatment plant at Manukau Harbour (New Zealand’s largest, and one of the world’s largest, capacity water treatment plans of its type)
  • Ministry for the Environment's Mapua land decontamination project
  • Tranz Rail's NZ$22 million double tracking of the central railway line through Auckland
  • Advising the consortium of Transit New Zealand, Manukau City and Auckland City on the NZ$4 billion Eastern Transport Corridor Project
  • Swift Energy's Kauri A to Kauri B Pipeline Project
  • Newmont Waihi's new Favona gold mine in Waihi
  • Auckland City's NZ$200 million+ Britomart Transport Centre project and Britomart Above Ground Development contract involving heritage restoration and new developments in down town Auckland totalling over NZ$350 million+
    Department of Corrections' long term alliance and all associated contracts, including construction, of its Regional Prisons Development Project including four major regional prisons to be developed over the next seven years
  • Fletcher Construction's Free Flow Alliance established for the Grafton Gully to Central Motorway Junction in Auckland
  • Tauranga City's long term alliance for the development and operation of the City's Aquatic facilities including construction of a major indoor facility
  • The Second Manapouri Tailrace Tunnel, one of the worlds largest hard rock tunnelling projects, including advising Meridian Energy on all documentation and resolving significant ground conditions claims via Dispute Review Board
  • Transit NZ and North Shore City's NZ$200 million+ North Shore Busway project
  • North Shore City's $100 million+ mixed use (car park/residential/commercial/retail) development in Takapuna
  • Middlemore Hospital's new car park building (PPP/DBFO) for Counties Manukau District Health Board, including drafting the Concession Deed and associated documents
  • Ground stability issues associated with the Martha Mine at Waihi for Newmont Waihi
  • Ericsson Communications' Aqualink Project involving installation of 700 kms of submarine fibre optic cable from Christchurch to Wellington to Auckland
  • Solid Energy's development of the Stockton Coal Mine and long term alliance for the development of the mining areas on the Stockton plateau
  • Counties Manukau District Health Board's NZ$100 million facilities modernisation redevelopments at Middlemore Hospital including KidzFirst Childrens Hospital, an acute hub providing an emergency care centre, a coronary care centre, staff facilities and energy centre, Manukau Surgical Hospital, and other refurbishment works
  • Developing standard tender and contract documentation for numerous organisations including Transit New Zealand, Auckland City, Fletcher Construction, North Shore City, Rodney District, South Auckland Health, and Ericsson Communications
  • Advising numerous local authorities, developers and contractors on the Building Act 2004, Construction Contracts Act 2002 and other recent legislation affecting the industry
  • Advising in numerous delay and disruption claims and other disputes ranging in size from $20,000 to $10 million

  • Admitted as a Solicitor of the Supreme Court of England and Wales
  • Association of Local Government Engineers - Member
  • Institute of Professional Engineers New Zealand - Member
  • Society of Construction Law (New Zealand) - Member
  • Society of Construction Law (United Kingdom) - Member
  • Standards New Zealand - Committee Member
Direct Dial: + 64 9 977 5097
Mobile: + 64 29 977 5097
Email: Click here to email me
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