New Zealand

At Anderson Lloyd, Geoff Busch and David Holden advised Northern Express Group on financing NZ$710 million to the Puhoi to Warkworth Road public–private partnership (PPP) project. The firm also advised ShapEd Consortium on a NZ$220 million project financing to deliver three new primary schools and two relocated secondary schools.

Grant Goldsmith and Gill Goodwin at Anthony Harper advised the statutory supervisor of Summerset Holdings on the restructuring of their NZ$600 million syndicated facility and intra group down streaming of funds to their retirement village entities. The firm also advised ASB Bank on the NZ$220 million purchase of the Millennium Centre, marking one of the largest office building acquisitions in New Zealand.

“Harmos Horton Lusk has strong expertise in New Zealand company law and in particular New Zealand Stock Exchange (NZX) requirements,” says a client. Nathanael Starrenburg and Tim Mitchelson advised Restaurant Brands New Zealand on a NZ$94 million equity raising to partly fund the acquisition of Pacific Island Restaurants. Andrew Harmos and Starrenburg advised Vital Healthcare Management on a NZ$160 million renounceable rights issue.

Tony Dellow and Susie Kilty head the competition and antitrust practice at Buddle Findlay. One client notes: “I like the depth of knowledge, the quick responses and the professional service received from them.” Kilty is especially noted for her “knowledge depth, relatability and professionalism”. The firm advised SKY Network Television on obtaining a merger clearance for its 100% shares acquisition of Vodafone New Zealand and 51% shares acquisition by Vodafone totalling NZ$ 3.44 billion. The firm also acted for Chevron South Asia Holdings to obtain clearance from the New Zealand Commerce Commission for Z Energy’s acquisition of Chevron New Zealand for NZ$785 million.

Neil Anderson, competition law practice head at Chapman Tripp, and Matt Sumpter, are “competent practitioners with pragmatic good commercial advice”. Anderson advised Bayleys Realty Group on a Commerce Commission investigation into alleged cartel and price-fixing operations. The firm also advised on the subsequent competition law litigation. Grant David advised Godfrey Hirst on its opposition to the merger of Cavalier Wool Holdings and New Zealand Wool Services International and obtaining required authorisation from the Commerce Commission. Andy Nicholls advised Fonterra Co-operative Group on the review of the Dairy Industry Restructuring Act focusing on competition regulation on dairy production and operation.

The competition and antitrust practice of Simpson Grierson is known for its seamless integration with its litigation capability. Anne Callinan and James Craig are the prominent leaders in the firm and advised BP Oil New Zealand on the Commerce Commission’s investigation of the clearance application by Z Energy on the proposed acquisition of Chevron New Zealand. Callinan advised Harmoney on Commerce Commission investigation and proceedings. In December 2016, Craig advised LJ Hooker New Zealand on a proceeding brought by the Commerce Commission over alleged claims of price-fixing provisions of the Commerce Act.

Ian Denton leads the competition, anti-trust and trade practice at Wilson Harle and advised Harcourts Group on proceedings alleging price fixing and substantial lessening of competition by real estate agencies. Denton also advised Topline International on a competition investigation and prosecution. Allison Ferguson advised Vodafone on alleged breaches of the Fair Trading Act 1986 charged by the Commerce Commission.

Tim Barclay at Anthony Harper represented Otautahi Community Housing Trust in the leasing and managing of the Christchurch City Council’s entire social housing portfolio with over 2,300 social housing units. Barclay also advised Goodman Property Trust on the NZ$61 million asset sales of three properties in Christchurch. Edward Dunphy advised Fletcher Distribution on the new lease for its premises in Wellington.

Ian Denton at Wilson Harle advised Zfield Holdings on an urgent injunction to restrict the tenant’s access to land and a successful negotiation with the lessee. Allison Ferguson advised Thomas Huang and QB Construction on a construction dispute with creditors.

At Anthony Harper, Malcolm Hurley and Daniel French advised Hilton Haulage, a leading transport and storage facilities supplier in New Zealand, on the acquisition of 50% interest by Ngai Tahu. David Gould advised Tailorspace Investments on the acquisition of 18% interest in Mike Greer Homes. Gould also advised Soletanche Freyssinet on the cross-border acquisition of the 45% minority interest in March Construction.

Mark Lowndes at Lowndes advised Rothbury Group, a leading insurance broking group in New Zealand, on its acquisition of Lifetime Group, including the purchase of Lifetime’s general insurance broker operations, premium funding operations and 19.5% cornerstone interest.

Webb Henderson gives “first-class customer service” and “exceptional advice”. Garth Sinclair and Michael Gartshore advised Pacific Equity Partners on its NZ$100 million acquisition of Leader Products. Sinclair and Gartshore also advised Hellaby on the NZ$81 million sale of its equipment division to Maui Capital.

“I am impressed by the high-calibre work from the lawyers at Anthony Harper,” says a client, “Our interaction with their team was easy and concise.” Peter Woods represented EQC Action Group in seeking a declaratory judgement against EQC to clarify its obligations and repair standards and reaching settlement with EQC. Dan Hughes advised First Credit Union on a securities dispute against the New Zealand Credit Union for failing to meet the requirements of the Friendly Societies and Credit Unions Act.

“Buddle Findlay has given sound and practical advice based on our needs and our strategic view,” says a client. Laura O’Gorman and David Broadmore represented Sky Network Television (Sky) in an antitrust dispute with Spark and Two Degrees Mobile before the High Court arising from Sky’s merger with Vodafone. O’Gorman, David Perry and Scott Abel represented the administrators and deed administrators of the Solid Energy group in defending the claims of invalidity of a deed of company arrangement by Cargill. Broadmore was promoted to partner in January 2017.

Martin Smith at Gilbert/Walker defended ANZ Bank in a NZ$1.24 million dispute against a rural customer on promotion and sale of interest rate swaps. Smith also advised Perpetual Trust on a negligence claim by the receivers of Capital Merchant Finance on pre-receivership transactions. Iva Rosic advised Mark Warminger, a fund manager, on a proceeding brought by the Financial Markets Authority alleging market manipulation.

James Nolen and Margaret Chen joined K3 Legal as partners in September 2016. Nolen advised Cargill International, a creditor, on a NZ$600 million insolvency dispute arising from the voluntary administration of Solid Energy New Zealand. The firm also advised Michael Kidd on a long-running commercial dispute against Alex van Heeren over a fortune amassed from international steel trading and investment.

Jacque Lethbridge joined Lowndes as a partner in July 2016 and James Nolen left the firm to join K3 Legal two months later. Michael McCarthy advised the owner of the container ship Rena and its protection and indemnity (P&I) and hull insurers on a shipping dispute that occurred on the New Zealand coast and is one of the most expensive wreck removal operations. Lethbridge advised SkyCity Entertainment Group on fraud committed by a senior executive and obtaining a freezing order.

Anderson Lloyd is “a very skilled firm” to handle water utilities projects. Anton Trixl, David Holden and Marie Baker-Galloway advised Crown Irrigation Investments on the NZ$300 million equity investment and financing of Ruataniwha water storage scheme in Hawkes Bay, New Zealand. The firm also advised Waimea Community Dam on a NZ$80 million construction project of a dam and reservoir.

Buddle Findlay has a special focus on the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act and is often entrusted by government agencies on various resources and environmental issues. David Randal advised the Environmental Protection Authority on an NZ$300 million application for marine consent to mine iron ore off the coast of Taranaki by Trans-Tasman Resources. David Allen advised Petroleum Exploration & Production Association of New Zealand on appeals to the Environment Court regarding the proposed South Taranaki District Plan which regulates petroleum exploration and production.

The energy and natural resources team of Chapman Tripp has prominent names like Jo Appleyard, Brian Clayton and Catherine Somerville-Frost. Clayton advised Solomon Islands Electricity Authority and World Bank on the Tina River Hydropower Project, involving the $150 million development of a 20 megawatt (MW) hydro power plant in the Solomon Islands. Somerville-Frost has vast experience in advising numerous energy companies on consenting and re-consenting of generation assets and energy development projects.

Simpson Grierson has a comprehensive financial services regulatory team to advise on complex regulatory compliance, anti-money laundering legislation and consumer protection regulation. Andrew Harkness is advising Westpac New Zealand and Westpac Banking Corporation on the disclosure statements and branch disclosure statement under the Reserve Bank of New Zealand Act 1989. Josh Cairns was promoted to partner in January 2017.

Fee Langstone is a specialist insurance firm in New Zealand and advises many overseas and domestic insurers on litigation. Cecily Brick represented Vero Insurance in a proceeding brought by Prattley Enterprises for damage claim of a commercial building caused by the Canterbury earthquakes. Matthew Atkinson joined the firm as a partner in February 2016.

Anthony Harper is known for its “expertise and commercial acuity” and is “well-priced”. Michael Moyes and Jullion Nelson Parker are recommended for their “commercial savvy and responsiveness”. The firm advised Burger Fuel International on its trade mark portfolio management. The firm also advised New Zealand Comfort Group on an IP cross-licensing arrangement with a research arm of Massey University.

“We very much trust and respect Paul Hartland from Lowndes,” says a client, “The other lawyers, especially Mark Lowndes, are strong in this field and communicate in plain English and give commercial advice to achieve outcomes.” The firm advises on trade mark prosecution matters and IP transactions.

“Anthony Harper has specialists in pure technology and IP work which is what we required,” says a satisfied client, “We recommend Michael Moyes because of his strong knowledge and understanding of the Industry.” Moyes and Alex Campbell advised Job Done App on privacy policy, IP protection and liaising with the Intellectual Property Office of New Zealand on the launch of its technology business.

“Buddle Findlay gives pragmatic advice and is good value for money,” says a client. Amy Ryburn, Steve Nightingale and Tony Wilkinson advised New Zealand Post on the procurement of new mail sorting machinery and associated control software from Siemens. Ryburn also advised New Zealand Transport Agency on its information communication technology procurements for the past year, including a negotiation of a hosting and support contract with Unisys. Philip Wood and Laura O’Gorman advised Sky Network Television on the product design and regulatory matters of two video services, as well as third party reseller and resupply arrangements with Samsung, Vodafone and others.

Bruce McClintock and Kelly McFadzien lead the technology, media and telecommunications (TMT) department at Chapman Tripp. McClintock and Mark Reese advised Chorus New Zealand on its agreement with Crown Fibre Holdings to extend its ultra-fast broadband rollout to a further 169 areas in New Zealand for NZ$370 million. McClintock also advised NZ Transport Agency on its procurement of a national incident and event management system from Castle Rock, a US software supplier. McFadzien advised NZME on its licensing arrangements with the Washington Post to implement Post’s Arc Publishing, a digital publishing platform.

Mark Lowndes is a notable practitioner at Lowndes and advised Huawei Technologies New Zealand Company on corporate and commercial issues to assist its operation in the country. Lowndes also advised a leading Asian technology company on its operation under New Zealand law.

Simpson Grierson offers “fast, reliable and user-friendly advice” and assists clients from the TMT sectors in services arrangements, implementation of business systems and regulatory matters. Karen Ngan advised Land Information New Zealand on procurement strategies and processes, vendor due diligence, contract drafting and negotiations regarding its expansion of the Landonline system for property transactions. Don Holborow advised Farm IQ Systems on a key strategic arrangement with Veterinary Enterprises Group.

Angus Henderson oversees the telecommunications and media practice of Webb Henderson. The firm continues to be involved in groundbreaking work in the telecommunication sector. Henderson, Ish Omar and Ara Margossian advised nbn, a leading network company in Australia, on the development of the next iteration of its wholesale broadband agreement. Henderson also advised Chorus on meeting telecommunications regulatory reform requirements. Margossian is advising New Zealand’s Ministry of Foreign Affairs on improving the international Internet connectivity with certain Asia Pacific countries.

At Wilson Harle, Allison Ferguson advised Callaghan Innovation, a Crown agency, on proceedings to set aside a creditors’ compromise by Trends Publishing before the High Court. Ferguson also defended Vodafone in a dispute against Colin Craig, a former politician, from obtaining emails from Vodafone’s server in proceedings between him and a former party member.

Jennifer Mills is a “remarkable and knowledgeable lawyer” at Anthony Harper. Mills advised DHL Global Forwarding New Zealand on the restructuring exercise with a dismissal of around 30 employees. The firm also regularly advises multinational companies like Amazon and Cisco on privacy, human rights and other employment issues in New Zealand.

Langton Hudson Butcher is an employment law specialist and is admired for its “excellent and pragmatic advice”. Clients recommend Stephen Langton for his experience in the field. Langton represented China Navigation Company in a lawsuit brought by its union and prospective employees in the Employment Court.

“Anderson Lloyd has the most experienced partners in public private partnerships working with the private sector in New Zealand,” says a client. Clients admire David Holden and Geoff Busch for their “depth of knowledge, commercial approach and experience”. The firm advised John Laing on its Melbourne Metro PPP project. The firm also advised Capella Capital on its bid for the Tamaki Large Scale Development project, the second social housing PPP-style project led by the Ministry for Social Development.

Buddle Findlay provides “excellent advice and always in a timely manner”. Pat Mulligan and Jennifer Caldwell advised NZ Transport Agency on the NZ$1.85 billion East West Link project, one of the most expensive roads in New Zealand. The firm also advised the same client on NZ$135 million road improvement projects in Taranaki and Waikato.

Chapman Tripp is known for its expert team of environment and resource management specialists. Jo Appleyard advised Lyttelton Port Company on the NZ$1 billion Lyttelton Port Recovery Plan which comprised the deepening of the shipping channel and reclamation of 30 hectares of land. Paula Brosnahan advised Shanghai CRED on securing resource consents for the NZ$1 billion development of Carrington Resort in Northland, New Zealand.

The layers at Simpson Grierson are “very experienced, responsive and cost competitive”. Michael Weatherall and Michael Wood advised Auckland Transport on its NZ$3.5 billion procurement for the City Rail Link main works. The firm also advised Auckland Council on the development of the new Unitary Plan.

Geoff Busch and Ben Johnston at Anderson Lloyd advised a leading New Zealand financial institution on a restructuring programme, including distressed asset sales and insolvency risk evaluation. Anne McLeod and Frazer Barton advised a diversified bank on secured property by mortgagee sale.

“Excellent guidance and support was provided by Anthony Harper throughout the restructuring process,” says a client. Dan Hughes advised the liquidators of Northern Crest Investments on a bankruptcy litigation. Northern Crest Investments is the parent company of Blue Chip Group which collapsed with a total debt of NZ$124 million.

The restructuring and insolvency practice of Buddle Findlay is led by David Perry. Sebastian Bisley advised a group of creditors on an application to set aside a creditor compromise of NZ$4 million obtained by Trends Publishing International before the High Court. The firm acts as an independent escrow agent for Body Corporates, unit owners and numerous banks and advised on the debt funding for remediation of properties with structural and other building failure issues. Perry and Scott Abel advised McGrath Nicol and ANZ Bank on the liquidation of an insolvent company of a retail chain, pursuit of recovery of stock and claims against the sole director.

At K3 Legal, James Nolen advised the then-director of Mainzeal Property and Construction on an alleged breach of obligations and NZ$100 million damage claimed by the liquidators after the company’s liquidation in 2013.

“Lowndes’s support and performance was so great as always,” says a client. Mike Whale advised the Restructuring Insolvency & Turnaround Association of New Zealand on the structure of a code of conduct for members. Mike also advised a group of liquidators on a NZ$6 million sale agreement and associated employment issues.

Simpson Grierson has prominent lawyers Michael Robinson, Andrew Harkness and James Caird. Ben Upton is recommended by clients for his “outstanding insolvency litigation skills”. Cairns and Kevin Jaffe advised Solid Energy on its NZ$380 million deed administration including creditor claims, assets sales and amendment of its restructured facilities. Cairns also advised Pumpkin Patch, a childrenswear retailer, on its NZ$57 million debt restructure. Robinson advised ASB Bank, the secured creditor, on protection and enforcement of its security as the Masala Group, the mortgagors, was charged for tax evasion and immigration-related offences.

At Anthony Harper, Chris Dann advised Lyttelton Port on numerous cross-border port services agreements with international shipping companies including Maersk Line, China Navigation Company and China Ocean Shipping Company. Dann and Jordan Wright advised the same client on the establishment of MidlandPort, a new inland port in Rolleston, which became operational in June 2016.

Insurance specialist Fee Langstone has a strong focus on transportation and marine insurance. Pauline Davies is a leading player in maritime law in New Zealand. Davies has experience in representing marine and protection and indemnity (P&I) insurers, exporting and chartering interests and international seafarers’s protection organisations.