• icon-head.png
  • icon-phone.png
  • icon-pin.png
  • icon-head.png
  • icon-phone.png
  • icon-pin.png
  • icon-head.png
  • icon-phone.png
  • icon-pin.png

New Zealand’s Specialist
Project Lawyers

There is a marked difference

in the way Greenwood Roche operates. From the outset we have focused on clearly defined specialist areas, retaining highly respected legal experts in each field. We then take that further; ensuring clients have direct and regular access to the most senior partners and lawyers, in a cost efficient manner.

Close contact with experts and clear cost advantages

We advise on a range of significant public and private sector projects. To ensure our specialists are always where they’re needed, we operate as one office with hubs in Auckland, Wellington & Christchurch.

img_homepage_column1.jpg

Recent Projects

Projects

Environmentally-friendly transport initiatives in Christchurch

Greenwood Roche assisted Christchurch City Council in launching and supporting the...

Environmentally-friendly transport initiatives in Christchurch

Recent Projects

Environmentally-friendly transport initiatives in Christchurch

Environmentally-friendly transport initiatives in Christchurch

Greenwood Roche assisted Christchurch City Council in launching and supporting the city’s recent environmentally-friendly transport initiatives intended to support sustainable multi-modal journeys, and complement and enhance the region’s existing public transport network. 


The initiatives comprise the introduction of the shared electric car fleet with Yoogo, a proposed public bike share system, and Lime’s e-scooters.

Christchurch City Council has partnered with a range of leading public and private sector organisations with a view to promoting the physical health of its residents, reducing the negative impacts that traditional transport options have on the environment, and reducing the number of cars on Christchurch roads.

Greenwood Roche’s team, led by James Riddoch, worked with Christchurch City Council to prepare the legal framework to support these projects, including advising Council on procurement matters, negotiating the commercial terms with the suppliers, and advising Council in relation to the required permits to allow these businesses to operate in the city.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

The development of the Redhills area

Greenwood Roche is assisting Watercare deliver an improved wastewater network to...

Recent Projects

The development of the Redhills area

The development of the Redhills area

Greenwood Roche is assisting Watercare deliver an improved wastewater network to enable the development of the Redhills area.


Watercare is working with various interested parties to deliver improved wastewater services to enable the Redhills area to be extensively developed with the introduction of close to 10,000 residential properties.

Hadleigh Yonge is leading Greenwood Roche’s team which is advising Watercare on aspects of this project, including providing strategic advice, negotiating and acquiring property rights, and advising on and negotiating infrastructure funding agreements.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Northern Corridor Improvements Project

Greenwood Roche is assisting Align Limited to secure land for the development of...

Recent Projects


Northern Corridor Improvements Project

Greenwood Roche is assisting Align Limited to secure land for the development of the NZ Transport Agency’s Northern Corridor improvement works.


The Northern Corridor Improvements Project is part of the Government’s accelerated package of transport infrastructure improvements for Auckland and includes the upgrading of the connection between State Highway 1 and State Highway 18, the extension of the Northern Busway and additional lanes on State Highway 1.

Hadleigh Yonge is leading Greenwood Roche’s team which is advising on aspects of this project, including negotiating and acquiring property rights, and advising on and dealing with issues relating to compensation.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

AA Insurance secures new premises in Auckland

Antonia Shanahan and Jimmy Tait-Jamieson advised AA Insurance Limited in respect...

AA Insurance secures new premises in Auckland

Recent Projects

AA Insurance secures new premises in Auckland

AA Insurance secures new premises in Auckland

Antonia Shanahan and Jimmy Tait-Jamieson advised AA Insurance Limited in respect of the relocation of its New Zealand head office to a new build in Sale Street, Central Auckland, as the anchor tenant of the building. 


The project involved significant negotiation with a prominent New Zealand developer, resulting in a number of transaction agreements, which included careful risk mitigation measures to remove leasetail issues.  Multiple parties were involved in the transaction with the property being sold to an overseas buyer before completion of the building by the developer. The transaction resulted in a new premises that aligned with the company’s values, and included an innovative and energy efficient design and flexible working space with light and views across Auckland city.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Sale of sought after 205 Queen Street towers, Auckland

Antonia Shanahan and Chris Moore recently acted for the owner of 205 Queen Street...

Sale of sought after 205 Queen Street towers, Auckland

Recent Projects

Sale of sought after 205 Queen Street towers, Auckland

Sale of sought after 205 Queen Street towers, Auckland

Antonia Shanahan and Chris Moore recently acted for the owner of 205 Queen Street, Auckland in relation to the sale of the multi-tenanted leasehold property to an overseas buyer, in the biggest property sale in the central Auckland business district since 2010. 


The property comprises two office towers (one tower has 22 levels and the other has 17 levels) located on the busy intersection of Queen Street and Victoria Street and accommodates approximately 60 tenants.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Acquisition of Maari Interests by Horizon Oil

Brigid McArthur and Rachel Murdoch acted for Horizon Oil International Limited on...

Acquisition of Maari Interests by Horizon Oil

Recent Projects

Acquisition of Maari Interests by Horizon Oil

Acquisition of Maari Interests by Horizon Oil

Brigid McArthur and Rachel Murdoch acted for Horizon Oil International Limited on its acquisition of an additional 16% interest in the Maari petroleum permit and associated joint venture assets.


Horizon Oil, already the holder of a 10% participating interest in the producing Maari/Manaia fields, has acquired an additional 16% interest from Todd Energy as a result of Todd’s rationalisation of its Taranaki oil and gas assets.  OMV (operator) and Cue Taranaki hold the balance.
 
Brigid and Rachel advised on the requisite Overseas Investment Office sensitive land application and the application for Ministerial consent under the Crown Minerals Act, and assisted Horizon Oil’s General Counsel with certain other closing matters.  Following the obtaining of these regulatory consents, closing was successfully completed on 31 May 2018. 
 
The Maari and Manaia fields have offered stable oil production since 2009 and stable employment opportunities for over 100 people.  As at November 2017, gross field production stood at 8,840bpd of oil.  Gross projected 2P reserves were at 21 mmbls and 2C reserves of oil at 69 mmbls, as at 30 June 2017.  Since 2017 the joint venture has been undertaking field optimisation work as part of the Maari Production Improvement Program.


Specialist expertise

Key lawyers involved

Similar projects
Aratiatia hydroelectric plant refurbishment

Recent Projects

Aratiatia hydroelectric plant refurbishment

Aratiatia hydroelectric plant refurbishment

Greenwood Roche has assisted Mighty River Power with the procurement and negotiation of contracts for its plant refurbishment project at Aratiatia


Austria-based Andritz was awarded the contract to provide work on three generating units at the 78-MW Aratiatia hydroelectric station.

The Greenwood Roche team for this project comprised partner Barry Walker and special counsel Adrian Doherty.  Barry and Adrian are experienced international construction project lawyers, comfortable using a variety of international standard documents, including FIDIC, to assist in smooth cross-border negotiations.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Establishment of CarboNZero Certified Ecotricity Limited Partnership

Recent Projects


Establishment of CarboNZero Certified Ecotricity Limited Partnership

Ecotricity is New Zealand’s only “carboNZero” certified, 100% renewable electricity retailer. This means that it sources electricity only from sustainable and renewable sources, such as hydro and wind.



Partner Brigid McArthur recently acted for Ecotricity Limited on the establishment of the joint venture, by way of limited partnership, with Pioneer Generation Limited.  Pioneer owns and operates some significant renewable generation projects in the South Island.  The Ecotricity Limited Partnership is also investing in electric vehicles and associated infrastructure.
Together, Ecotricity and Pioneer are championing the case for investment in renewables and we congratulate them on their venture.  They are at the forefront of what is a growing trend away from conventional fossil fuel based technologies.  Your support can be enhanced by visiting the Ecotricity website and checking the deals on offer.  www.ecotricity.co.nz


Key lawyers involved

Download as a PDF
Close window
x
Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

Recent Projects


Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

UK listed oil and gas explorer Mosman Oil & Gas was successful in striking a deal with Origin Energy to purchase the Taranaki Rimu, Kauri and Manutahi (RKM) petroleum fields and associated petroleum production infrastructure.


Alas, with oil prices falling below US$40 per barrel for a sustained period, Mosman and its joint venture partners were forced to cancel the sale and purchase agreement.  Reportedly, the assets may still be available for purchase.
Partner Brigid McArthur and solicitors Susan Baas and Kurt McRedmond worked with Mosman on its acquisition project, including on its due diligence, sale and purchase negotiations and applications for New Zealand Petroleum & Minerals and Overseas Investment Office consents.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Purchase of Alinta Energy

Recent Projects

Purchase of Alinta Energy

Purchase of Alinta Energy

Brigid McArthur, Monique Thomas and Sam Green acted earlier this year, alongside an Allen & Overy team, on New Zealand aspects of the purchase by Hong Kong-based Chow Tai Fook Enterprises of Australia’s largest electricity and gas utility, Alinta Energy.


The sale follows an about-face on Alinta’s delayed public float, which itself followed an earlier inconclusive sale process.  The deal remains subject to foreign investment approval in Australia.

In New Zealand, the Alinta assets include the Glenbrook Steel Mill cogeneration plant.

Chow Tai Fook is a privately-owned holding company with existing investments across 50 countries, straddling hotels, retail, property and jewellery businesses.

- Photo courtesy of Alinta Energy


Specialist expertise

Key lawyers involved

Similar projects
Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

Recent Projects


Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

UK listed oil and gas explorer Mosman Oil & Gas was successful in striking a deal with Origin Energy to purchase the Taranaki Rimu, Kauri and Manutahi (RKM) petroleum fields and associated petroleum production infrastructure.


Alas, with oil prices falling below US$40 per barrel for a sustained period, Mosman and its joint venture partners were forced to cancel the sale and purchase agreement.  Reportedly, the assets may still be available for purchase.
Partner Brigid McArthur and solicitors Susan Baas and Kurt McRedmond worked with Mosman on its acquisition project, including on its due diligence, sale and purchase negotiations and applications for New Zealand Petroleum & Minerals and Overseas Investment Office consents.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Establishment of CarboNZero Certified Ecotricity Limited Partnership

Recent Projects


Establishment of CarboNZero Certified Ecotricity Limited Partnership

Ecotricity is New Zealand’s only “carboNZero” certified, 100% renewable electricity retailer. This means that it sources electricity only from sustainable and renewable sources, such as hydro and wind.



Partner Brigid McArthur recently acted for Ecotricity Limited on the establishment of the joint venture, by way of limited partnership, with Pioneer Generation Limited.  Pioneer owns and operates some significant renewable generation projects in the South Island.  The Ecotricity Limited Partnership is also investing in electric vehicles and associated infrastructure.
Together, Ecotricity and Pioneer are championing the case for investment in renewables and we congratulate them on their venture.  They are at the forefront of what is a growing trend away from conventional fossil fuel based technologies.  Your support can be enhanced by visiting the Ecotricity website and checking the deals on offer.  www.ecotricity.co.nz


Key lawyers involved

Download as a PDF
Close window
x
Greenwood Roche assists French construction giant

Recent Projects

Greenwood Roche assists French construction giant

Greenwood Roche assists French construction giant

Australasian utility contractor Electrix, part of McConnell Dowell, has been acquired by French construction giant VINCI Energies. Electrix has approximately 2,000 employees located in New Zealand and Australia and provides a range of maintenance and construction services for utility providers.


Greenwood Roche assisted VINCI in respect of New Zealand aspects of the transaction, working closely with VINCI Energies’ international legal teams from Baker McKenzie (Sydney) and Bolze Associés (Paris).  Greenwood Roche is proud to have worked with VINCI and its legal team on this project.

About VINCI:
 

  • VINCI Energies' is the world’s largest company in construction and related services and is listed on Euronext's Paris stock exchange and is a member of the CAC 40 index.
  • According to its website, in 2013 the VINCI Group had 171,678 employees and worked on 266,000 projects in 100 countries – with VINCI Energies having around 63,000 employees in 45 countries.
  • For more information on VINCI Energies, please visit www.vinci.com


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Bathurst Resources – Buller Coal Project

Recent Projects

Bathurst Resources – Buller Coal Project

Bathurst Resources – Buller Coal Project

New Zealanders are well aware of the severe challenges Bathurst Resources has overcome in progressing its West Coast coal mining project.


Greenwood Roche has been part of the Bathurst team on some important parts of the Buller Project, advising on land acquisition and land rights for the coal handling and preparation facility and the proposed aerial conveyor, and obtaining requisite Overseas Investment Office approvals.
 
We have also been acting jointly for Bathurst Resources and Westport Harbour on their joint arrangements for the siting, construction and operation of a coal handling facility at Westport Port.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Download as a PDF
Close window
x
Tiwai Point Electricity

Recent Projects

Tiwai Point Electricity

Tiwai Point Electricity

New Zealand's Aluminium Smelter at Tiwai Point produces the world’s highest purity primary aluminium, contributing more than $600 million annually in export income for New Zealand.


Tiwai Point is New Zealand's largest single user of electricity by a very large margin and is an integral part of the electricity market and system – employing 800 people directly with a flow-on employment profile of over three thousand jobs.

Greenwood Roche advises New Zealand's Aluminium Smelter and Pacific Aluminium on all aspects of the Tiwai Point Aluminium Smelter electricity supply, including the 2013 and 2015 renegotiations with Meridian Energy.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Download as a PDF
Close window
x

Arise Centre

Greenwood Roche assisted Arise with its flagship church project in Petone....

Arise Centre

Recent Projects

Arise Centre

Arise Centre

Greenwood Roche assisted Arise with its flagship church project in Petone.


Greenwood Roche acted for Arise on the construction of its distinctive new build church, the Arise Centre, in Petone, Wellington. 
 
The Arise Centre has now received an NZIA Local Architecture Award, recognising the Centre as being amongst the best new architecture in Wellington.  The “new take” on church architecture enables the congregation to be brought together in a large space where it can make some noise.  Located in a relatively sparse former industrial space, the building comes into its own at night, imbued with a golden light.
 
The Greenwood Roche team for the project included partner Doran Wyatt and principal James Riddoch.


Specialist expertise

Key lawyers involved

Similar projects
Greenwood Roche assists French construction giant

Recent Projects

Greenwood Roche assists French construction giant

Greenwood Roche assists French construction giant

Australasian utility contractor Electrix, part of McConnell Dowell, has been acquired by French construction giant VINCI Energies. Electrix has approximately 2,000 employees located in New Zealand and Australia and provides a range of maintenance and construction services for utility providers.


Greenwood Roche assisted VINCI in respect of New Zealand aspects of the transaction, working closely with VINCI Energies’ international legal teams from Baker McKenzie (Sydney) and Bolze Associés (Paris).  Greenwood Roche is proud to have worked with VINCI and its legal team on this project.

About VINCI:
 

  • VINCI Energies' is the world’s largest company in construction and related services and is listed on Euronext's Paris stock exchange and is a member of the CAC 40 index.
  • According to its website, in 2013 the VINCI Group had 171,678 employees and worked on 266,000 projects in 100 countries – with VINCI Energies having around 63,000 employees in 45 countries.
  • For more information on VINCI Energies, please visit www.vinci.com


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Download as a PDF
Close window
x

Tiwai Point Fourth Potline Restart

Brigid McArthur has acted this year for New Zealand Aluminium Smelters  and...

Tiwai Point Fourth Potline Restart

Recent Projects

Tiwai Point Fourth Potline Restart

Tiwai Point Fourth Potline Restart

Brigid McArthur has acted this year for New Zealand Aluminium Smelters  and parent Pacific Aluminium on the electricity hedge contract and associated arrangements with NZX and Sumitomo, for the restart of potline 4 at the Tiwai Point Smelter.


On 1 May 2018 New Zealand Aluminium Smelters announced plans to restart the fourth potline at its Tiwai Point Smelter, that has been sitting idle in a low price aluminium market since 2012.
 
Greenwood Roche partner Brigid McArthur acted for NZAS on its contract with Meridian Energy for an additional 50 MW electricity hedge to enable the restart, underwriting NZAS’ spot price risk on the extra volume out to 2022.  The new contract effectively sits on top of the existing 572 MW contract for Tiwai, lasting until 2030.
 
Meridian itself supported the Tiwai arrangement with its own separate contracts with Contact Energy, Genesis Energy and Mercury.
 
The fourth potline restart is a further boon to the Southland economy, with an additional 32 skilled jobs and a further 85 tonnes of aluminium produced per day, and this from a smelter with one of the lowest carbon footprints globally.


Specialist expertise

Key lawyers involved

Similar projects
Purchase of Alinta Energy

Recent Projects

Purchase of Alinta Energy

Purchase of Alinta Energy

Brigid McArthur, Monique Thomas and Sam Green acted earlier this year, alongside an Allen & Overy team, on New Zealand aspects of the purchase by Hong Kong-based Chow Tai Fook Enterprises of Australia’s largest electricity and gas utility, Alinta Energy.


The sale follows an about-face on Alinta’s delayed public float, which itself followed an earlier inconclusive sale process.  The deal remains subject to foreign investment approval in Australia.

In New Zealand, the Alinta assets include the Glenbrook Steel Mill cogeneration plant.

Chow Tai Fook is a privately-owned holding company with existing investments across 50 countries, straddling hotels, retail, property and jewellery businesses.

- Photo courtesy of Alinta Energy


Specialist expertise

Key lawyers involved

Similar projects
Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

Recent Projects


Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

UK listed oil and gas explorer Mosman Oil & Gas was successful in striking a deal with Origin Energy to purchase the Taranaki Rimu, Kauri and Manutahi (RKM) petroleum fields and associated petroleum production infrastructure.


Alas, with oil prices falling below US$40 per barrel for a sustained period, Mosman and its joint venture partners were forced to cancel the sale and purchase agreement.  Reportedly, the assets may still be available for purchase.
Partner Brigid McArthur and solicitors Susan Baas and Kurt McRedmond worked with Mosman on its acquisition project, including on its due diligence, sale and purchase negotiations and applications for New Zealand Petroleum & Minerals and Overseas Investment Office consents.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Establishment of CarboNZero Certified Ecotricity Limited Partnership

Recent Projects


Establishment of CarboNZero Certified Ecotricity Limited Partnership

Ecotricity is New Zealand’s only “carboNZero” certified, 100% renewable electricity retailer. This means that it sources electricity only from sustainable and renewable sources, such as hydro and wind.



Partner Brigid McArthur recently acted for Ecotricity Limited on the establishment of the joint venture, by way of limited partnership, with Pioneer Generation Limited.  Pioneer owns and operates some significant renewable generation projects in the South Island.  The Ecotricity Limited Partnership is also investing in electric vehicles and associated infrastructure.
Together, Ecotricity and Pioneer are championing the case for investment in renewables and we congratulate them on their venture.  They are at the forefront of what is a growing trend away from conventional fossil fuel based technologies.  Your support can be enhanced by visiting the Ecotricity website and checking the deals on offer.  www.ecotricity.co.nz


Key lawyers involved

Download as a PDF
Close window
x
Greenwood Roche assists French construction giant

Recent Projects

Greenwood Roche assists French construction giant

Greenwood Roche assists French construction giant

Australasian utility contractor Electrix, part of McConnell Dowell, has been acquired by French construction giant VINCI Energies. Electrix has approximately 2,000 employees located in New Zealand and Australia and provides a range of maintenance and construction services for utility providers.


Greenwood Roche assisted VINCI in respect of New Zealand aspects of the transaction, working closely with VINCI Energies’ international legal teams from Baker McKenzie (Sydney) and Bolze Associés (Paris).  Greenwood Roche is proud to have worked with VINCI and its legal team on this project.

About VINCI:
 

  • VINCI Energies' is the world’s largest company in construction and related services and is listed on Euronext's Paris stock exchange and is a member of the CAC 40 index.
  • According to its website, in 2013 the VINCI Group had 171,678 employees and worked on 266,000 projects in 100 countries – with VINCI Energies having around 63,000 employees in 45 countries.
  • For more information on VINCI Energies, please visit www.vinci.com


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Bathurst Resources – Buller Coal Project

Recent Projects

Bathurst Resources – Buller Coal Project

Bathurst Resources – Buller Coal Project

New Zealanders are well aware of the severe challenges Bathurst Resources has overcome in progressing its West Coast coal mining project.


Greenwood Roche has been part of the Bathurst team on some important parts of the Buller Project, advising on land acquisition and land rights for the coal handling and preparation facility and the proposed aerial conveyor, and obtaining requisite Overseas Investment Office approvals.
 
We have also been acting jointly for Bathurst Resources and Westport Harbour on their joint arrangements for the siting, construction and operation of a coal handling facility at Westport Port.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Download as a PDF
Close window
x
Aratiatia hydroelectric plant refurbishment

Recent Projects

Aratiatia hydroelectric plant refurbishment

Aratiatia hydroelectric plant refurbishment

Greenwood Roche has assisted Mighty River Power with the procurement and negotiation of contracts for its plant refurbishment project at Aratiatia


Austria-based Andritz was awarded the contract to provide work on three generating units at the 78-MW Aratiatia hydroelectric station.

The Greenwood Roche team for this project comprised partner Barry Walker and special counsel Adrian Doherty.  Barry and Adrian are experienced international construction project lawyers, comfortable using a variety of international standard documents, including FIDIC, to assist in smooth cross-border negotiations.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x
Establishment of CarboNZero Certified Ecotricity Limited Partnership

Recent Projects


Establishment of CarboNZero Certified Ecotricity Limited Partnership

Ecotricity is New Zealand’s only “carboNZero” certified, 100% renewable electricity retailer. This means that it sources electricity only from sustainable and renewable sources, such as hydro and wind.



Partner Brigid McArthur recently acted for Ecotricity Limited on the establishment of the joint venture, by way of limited partnership, with Pioneer Generation Limited.  Pioneer owns and operates some significant renewable generation projects in the South Island.  The Ecotricity Limited Partnership is also investing in electric vehicles and associated infrastructure.
Together, Ecotricity and Pioneer are championing the case for investment in renewables and we congratulate them on their venture.  They are at the forefront of what is a growing trend away from conventional fossil fuel based technologies.  Your support can be enhanced by visiting the Ecotricity website and checking the deals on offer.  www.ecotricity.co.nz


Key lawyers involved

Download as a PDF
Close window
x
Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

Recent Projects


Bid to Purchase Rimu, Kauri and Manutahi Oil and Gas Assets

UK listed oil and gas explorer Mosman Oil & Gas was successful in striking a deal with Origin Energy to purchase the Taranaki Rimu, Kauri and Manutahi (RKM) petroleum fields and associated petroleum production infrastructure.


Alas, with oil prices falling below US$40 per barrel for a sustained period, Mosman and its joint venture partners were forced to cancel the sale and purchase agreement.  Reportedly, the assets may still be available for purchase.
Partner Brigid McArthur and solicitors Susan Baas and Kurt McRedmond worked with Mosman on its acquisition project, including on its due diligence, sale and purchase negotiations and applications for New Zealand Petroleum & Minerals and Overseas Investment Office consents.


Specialist expertise

Key lawyers involved

Download as a PDF
Close window
x

Download as a PDF
Close window
x

See more projects
img_homepage_column2.jpg

News & Insights

Insights

Subdivision Intensive Paper

...

Subdivision Intensive Paper

News & Insights

Subdivision Intensive Paper

Subdivision Intensive Paper

Lauren Semple recently presented a paper as part of the NZCLE Workshop on Subdivisions.  This paper considers the wider context of subdivision and land development and reflects on some of the tools, requirements and alternative processes which can influence the way projects take shape.  


<span 13px;"="">It first looks at a number of the alternative legislative schemes set up in recent years to fast track development (including subdivision), and considers some of the lessons from these examples which may usefully inform future legislation including the much touted but not yet here urban development authority approach.  It touches on the role of, and tools available to, local authorities under the Local Government Act in relation to subdivisions, including the use of development contributions and development agreements to service growth and asks whether our preoccupation with new tools might prevent us from effectively utilising the tools we already have.   Download the paper here - https://app.box.com/s/58174muot1x5y7b53t8imgxd4d5l5frd


Download as a PDF
Close window
x

Draft Otakaro Avon River Corridor Regeneration Plan released for public consultation

For...

Draft Otakaro Avon River Corridor Regeneration Plan released for public consultation

News & Insights

Draft Otakaro Avon River Corridor Regeneration Plan released for public consultation

Draft Otakaro Avon River Corridor Regeneration Plan released for public consultation

For the past two years Lauren Semple and Rachel Murdoch have been advising Regenerate Christchurch on the development of the Otakaro Avon River Corridor Regeneration Plan. 


The Draft Plan was released for consultation on 14 November 2018 with submissions due by 5pm on 19 December 2018.  You can find a copy of the draft plan here - http://engage.regeneratechristchurch.nz/accessible-draft-oarc-regeneration-plan-homepage

 


Download as a PDF
Close window
x

Greenwood Roche – Wellington Supreme Award 2018

We...

Greenwood Roche – Wellington Supreme Award 2018

News & Insights

Greenwood Roche – Wellington Supreme Award 2018

Greenwood Roche – Wellington Supreme Award 2018

We are pleased to continue to support the Property Council New Zealand Wellington Property People Awards which recognise and celebrate excellence in property in Wellington.  Wellington Partner, Doran Wyatt had the honour of presenting the Greenwood Roche Supreme Award as part of the event on 11 October 2018.


Congratulations to McKee Fehl Constructors Ltd, this year’s winner of the Greenwood Roche Supreme Award, for the Press Hall 80 Willis Street / 22 Boulcott Street project.
 
What stood out for the judges was the ability of McKee Fehl to repurpose and modernise the Press Hall site.  The end result is an iconic development that adds vibrancy to Wellington but also respects the heritage of the original building.
 
The testimonials for this project summed it up:

  • “The concept of unlocking Press Hall, which was essentially buried in between Boulcott Street and Willis Street, was a clever idea.”
  • “The newly formed urban laneway leading to the food hall is activated by vibrant and diverse kiosks and a bar above, the veranda can now be occupied by people adding to the urban fabric of the street.”
  • “Never before have such old, run down, dark and dingy buildings been so substantially structurally modified, seismically upgraded and refurbished to create such an open, vibrant and modern workplace.”
In the judges’ words, “This feels like an iconic development with wide benefit for Wellington”.
 
Congratulations to Maurice Clark and the McKee Fehl team.


Download as a PDF
Close window
x

New National Housing and Urban Development Authority

The Government has confirmed the introduction of a national Housing and Urban Development...

News & Insights

New National Housing and Urban Development Authority

The Government has confirmed the introduction of a national Housing and Urban Development Authority (HUDA) equipped with the tools to by-pass standard legislative processes and streamline urban development projects.  The announcement follows numerous recommendations in various reports over the past decade and the release of the Urban Development Authorities: Discussion Document last year.


Eligible urban development projects will include the provision of new public, affordable and Kiwibuild housing, as well as transport links, commercial and industrial developments, infrastructure and supporting community facilities (schools, pools, open spaces and libraries). The HUDA will also absorb the function of Housing New Zealand as the landlord for public housing in New Zealand. 
 
Read more here: https://app.box.com/s/2kjey5enswm7x08itfis3knzokz67t8o


Download as a PDF
Close window
x

Key changes introduced by the Land Transfer Act 2017

The Land Transfer Act 2017 (Act) came into force on Monday, 12 November 2018. It repealed...

Key changes introduced by the Land Transfer Act 2017

News & Insights

Key changes introduced by the Land Transfer Act 2017

Key changes introduced by the Land Transfer Act 2017

The Land Transfer Act 2017 (Act) came into force on Monday, 12 November 2018. It repealed the Land Transfer Act 1952 (Old Act), and is intended to modernise, simplify and consolidate the Old Act and its amendments.

The Act also made amendments to the Property Law Act 2007 (PLA), including the introduction of covenants in gross, with effect from 12 November 2018.


In the main, the Act is not intended to change our land transfer laws substantially. However, some controversy exists regarding the right of an owner to reclaim title under the manifest injustice provisions, arguably eroding the principle of indefeasibility of title. Also, not all changes promoted during consultation have been adopted, such as placing more onus on mortgagees to verify the identify of their clients, separately defining encumbrances from mortgages, and permitting senior legal executives to certify and sign instruments in Landonline.
 
Some key changes are set out below.
 
New terminology
The Act includes new terminology aimed at modernising the language used. For example, a “certificate of title” and the clumsy “computer freehold/leasehold/interest register” has become the crisper “record of title”, and “registered proprietor” has become “registered owner”. There is also a concept of “replacement lease”, which is a renewed lease or a new lease in substitution for a prior lease between the same parties and relating to the same land.
 
Withholding information for a person’s safety
The Registrar-General of Land is able to refuse to provide a copy of an instrument or a record of title that identifies a person, or to include those details on the register in the first place, if the Register is satisfied that the information discloses or is likely to disclose the person’s location and prejudice their safety.
 
Caveats
There is now an express right for an owner of an estate or interest in land to lodge a caveat against their own title where there is a real risk of fraud.
 
Guaranteed title searches
Guaranteed searches back up the security of the land transfer system, by providing a right to compensation if a purchaser of an interest in a land transaction suffers loss due to the registration of a competing interest. Under the Old Act, the purchaser had to obtain a “guaranteed search” within 14 days before settling the transaction, and had to lodge the transaction documents within 2 months after settlement.
 
The Act updates these periods to reflect the electronic nature of land transactions by:

  • requiring that a guaranteed search of the title be obtained within 5 working days before (and including) the settlement date; and
  • reducing the period after settlement during which the transaction documents must be lodged at Land Information New Zealand (LINZ) to 20 working days.  
As with the Old Act, no compensation will be payable if the title search disclosed the competing interest.
 
Compensation
Compensation is payable by the Crown when loss occurs in certain circumstances (including, but not exclusively, under the “guaranteed search” situation). Under the Old Act, the calculation for compensation is based on the land value at the time the loss occurred. The Act shifts the date on which compensation is to be assessed to when the claimant “gained (or ought reasonably to have gained) knowledge of the loss”.
 
The Act confirms that the value of the lost estate or interest in land is the “market value”.
 
The High Court may adjust compensation where the amount determined by the prescribed calculation is inadequate or excessive, and may determine at which date the market value should be assessed which may include a revised assessment as at the day of the court judgment.
 
Cancellation of land transactions in cases of “manifest injustice”
The High Court will have limited discretion to order the alteration of titles to avoid “manifest injustice”, but only where compensation or other damages would not properly address the injustice. The High Court may cancel registration of a land transaction and restore title to a person who has been deprived of an estate or interest, or suffered loss, due to that registration. The Court must take into account how the land was acquired, the length of time the parties have owned or occupied the land, the nature of any improvements made, the special characteristics of the land and its significance, and any other relevant circumstances. However, the Court cannot make an order if the estate or interest has subsequently been transferred to a third person acting in good faith.
 
Fraud
Fraud is one of the main exceptions to the indefeasibility of an owner’s title to land. “Fraud”, as an exception to indefeasibility, is now defined as forgery or other dishonest conduct of an owner or agent of an owner in acquiring an estate or interest in land. It is worth noting that, for the purposes of a Court order cancelling a land transaction in the case of “manifest injustice”, the existence of forgery or other dishonest conduct will not itself constitute the required level of injustice.
 
Introduction of covenants in gross and what it means for encumbrances
Until commencement of the Act, it was not possible to register an instrument that contained covenants or promises given by a landowner “in gross” – i.e. in favour of another person, rather than benefiting another parcel of land. Traditionally, these covenants have been included in encumbrances, which are a form of mortgage used for securing a long term obligation to pay a rental (known as a “rent charge”). To reduce the widespread use of encumbrances, the PLA has been amended to allow covenants in gross to be noted on records of title. This has been long awaited and should provide a registration option which is more palatable especially to banks. It also allows affected owners to seek modification or cancellation of existing encumbrances and replace them with covenants in gross.
 
While encumbrances are commonly used as a mechanism to register covenants, they are also properly (but uncommonly) used to register rent charges, and encumbrances are still referred to in the parts of the Act governing mortgages. Encumbrances therefore remain a viable instrument. There are some benefits in using encumbrances over covenants, including exclusion of the covenant modification provisions in the PLA, but, where the real purpose is to require a landowner to do or refrain from doing something for the benefit of another person, a covenant in gross will generally be the appropriate instrument.
 
Registrar’s power to correct titles
The Act clarifies the circumstances in which the Registrar is able to correct titles. The Registrar’s power of correction is now limited to correcting an error made by the Registrar, correcting an error made by a person preparing a document or information for registration, recording a boundary change due to accretion or erosion and giving effect to a court order.
 
Overriding statutes
The Act repeals the Statutory Land Charges Registration Act 1928, with the Act dealing with the registration, priorities and release of relevant charges.
 
Regulations
The Land Transfer Regulations 2002 have also been revoked, with the Land Transfer Regulations 2018 (Regulations) replacing them.
 
One of the key changes made in the Regulations is to update the terms implied into certain classes of easements. These changes include:
  • altering the description of the affected land from “servient tenement” to “burdened land” and from “dominant tenement” to “benefited land”;
  • referring to the part of the burdened land subject to the easement as the “easement area”, in line with commonly-used wording;
  • updating and aligning the equipment that can be installed under the various types of easement;
  • removing unnecessary wording, such as replacing the class of easement previously called “telecommunications and computer media” with simply “telecommunications”;
  • requiring the owner of the burdened land to act reasonably when the grantee seeks to install easement facilities; and
  • adding an implied electricity conveyance right in order to operate equipment installed under the easement powers (eg. a water pump).  
The Regulations also update the core information required to be used in land transaction forms. LINZ has provided template forms, although these remain inconsistent with each other and do not always contain the required core information.
 
New requirements for authority and identity
In conjunction with the Act and the Regulations, LINZ has issued new guidelines for authority and identity and the New Zealand Law Society has issued new authority and instruction forms. The guidelines and forms include greater detail about how clients instruct lawyers and conveyancing practitioners to electronically certify and sign land transfer instruments and how those instructions are required to be confirmed to be valid. In conjunction with the extension of Anti-Money Laundering requirements to lawyers, lawyers now play a key role in confirming that land transactions are free of fraud and other illegal activity.

If you would like further information, please do not hesitate to contact any of our property lawyers. Contact details can be found here.


Download as a PDF
Close window
x

Greenwood Roche Young Achiever of the Year Award 2018

We are pleased to continue to support the Property Council Southern Excellence Awards...

Greenwood Roche Young Achiever of the Year Award 2018

News & Insights

Greenwood Roche Young Achiever of the Year Award 2018

Greenwood Roche Young Achiever of the Year Award 2018

We are pleased to continue to support the Property Council Southern Excellence Awards which recognise and celebrate excellence in property in the South Island.  Christchurch Partner, Ranui Calman had the honour of presenting the Greenwood Roche Young Achiever Award as part of the event on 5 October 2018.


Congratulations to Nick Flack of Christchurch International Airport, this year’s winner of the Greenwood Roche Young Achiever Award.  Nick is the Asset Planning and Maintenance Manager at Christchurch International Airport, where he has achieved outstanding performance and has made a significant contribution to the planning, construction and on-going maintenance of the Airport’s infrastructure assets.  He has shown focus, dedication and commitment, as well as grit and determination when faced with difficult situations.  He models a collaborative work style that brings together the organisation to translate strategy into action and has the promise of being a future industry leader.

Nick is currently part of the Strategy Action Leadership Group, which is responsible for turning corporate strategy into action.  He has a passion for commercial, operational and master planning as well as for driving long lasting solutions.  He creates clarity of purpose for his teams, articulating the Airport’s property and asset vision and then translating that vision into projects and maintenance plans.

The judges commented on Nick’s determination and motivation to achieve his goals as evidenced by undertaking full time study to complete his Masters in Logistics and Supply Chain Management, whilst also working full time.  He has also been an active member in South Island Logistics Forums, organised personal mentors to help him achieve his goals and completed leadership training, which he has been able to put into practice as part of the Senior Leadership Team.  The work Nick has been involved in has made a significant contribution to the whole of the South Island and the judges were impressed by how Nick sees the big picture, is future focussed and pushes boundaries to achieve his goals.  Nick embodies what this award seeks to recognise and celebrate and is without a doubt a leader of the future.

Congratulations Nick, we look forward to working with you and seeing where your career develop.


Download as a PDF
Close window
x

ILANZ Greenwood Roche Private Sector In-House Lawyer of the Year Award 2018

Greenwood Roche extends its warmest congratulations to Marise Winthrop, Corporate Counsel...

ILANZ Greenwood Roche Private Sector In-House Lawyer of the Year Award 2018

News & Insights

ILANZ Greenwood Roche Private Sector In-House Lawyer of the Year Award 2018

ILANZ Greenwood Roche Private Sector In-House Lawyer of the Year Award 2018

Greenwood Roche extends its warmest congratulations to Marise Winthrop, Corporate Counsel, Livestock Improvements Corporation (LIC).  The award recognises Marise’s significant contribution to both LIC and the legal profession.


Marise manages the legal and intellectual property teams at LIC providing strategic and tactical options on the creation and protection of LIC’s growing portfolio of IP assets.

Greenwood Roche is proud to continue its support of ILANZ and to continue working alongside many of its members, providing pragmatic solutions in the delivery of various projects and initiatives that its members undertake.  In her speech at the awards, Greenwood Roche Partner Ranui Calman highlighted the increasing need for in-house lawyers to be innovative in their thinking, processes and their solutions. 

Greenwood Roche again wishes to congratulates all nominees and award winners on their various achievements throughout the year.


Download as a PDF
Close window
x

Digital Signatures and Storage - how and when they can be used?

From courier deliveries to agreements to purchase real estate, the emergence of digital...

News & Insights

Digital Signatures and Storage - how and when they can be used?

From courier deliveries to agreements to purchase real estate, the emergence of digital signatures in commercial transactions has become increasingly prevalent over the past decade. The Contract and Commercial Law Act 2017 (Act) consolidated a number of commercial statutes (including the Electronic Transactions Act 2002). The Electronic Transactions Act 2002 aimed to facilitate the use of electronic technology by reducing uncertainty relating to its legal effect. The Act, by incorporating that same intention, promotes a more innovative commercial landscape by providing guidelines for the use of digital signatures and the digital storage of documents.


Digital Signatures

Digital signatures are a sub-category of the more general “electronic signature”. An electronic signature is any form of identification indicating acceptance in an electronic form. It may be a scanned version of a signature, the ticking of an “I Accept” option or a signature formed by a finger on a tablet or smartphone. In a New Zealand context, digital signatures are electronic signatures that generally comply with the Act. A digital signature’s compliance with the Act is authenticated by embedded software that provides assurances as to identification, reliability and of course, acceptance.

The Act provides that, subject to a few exceptions (such as affidavits, statutory declarations, powers of attorney, or wills) digital signatures are permitted under New Zealand law. The Act sanctions the general rule that any legislation requiring dealings to take place on paper will also be permitted to take place electronically, provided both parties agree and the dealings are not expressly excluded from the Act.

Section 226(1) of the Act states that a digital signature must:

  • adequately identify the signatory and adequately indicate the signatory’s approval of the information to which the signature relates; and
  • be as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.

To help provide certainty to users of digital signatures, the Act gives a rebuttable presumption of reliability if certain requirements are met. Section 228 provides that a digital signature will be presumed reliable if:

  • the means of creating the digital signature are linked to the signatory and to no other person;
  • the means of creating the digital signature were under the control of the signatory and no other person;
  • any alteration made to that information (or the digital signature itself) after the time of signing is detectable; and
  • the purpose of the signature is to provide assurance as to the integrity of the information to which it relates.
Essentially, a digital signature (as opposed to a mere electronic signature) will be presumed reliable as it generally meets these requirements.

Digital Storage

Continued technological innovations mean that many documents are never created in a paper form and many companies are looking to cut costs and increase convenience by storing information in digital, rather than physical form.

To cater for this, section 222 of the Act permits digital versions of documents as sufficient alternatives to originals where the digital version is “readily accessible so as to be usable for subsequent reference.”  Provided that a digital system reliably ensures that the integrity of the digital version is maintained, it may replace the original.

Where a document might be used for evidential purposes in a court, digital evidence is not barred.  However, it must meet the rules of evidence contained in the Evidence Act 2006 (EA) relating to hearsay and general reliability.

When retaining documents for use as evidence, clearly the objective must be to ensure that they are admissible. There is no restriction on the type of evidence a party may bring to prove its case in court, but there may be issues as to reliability. The definition of “document” in the EA is wide enough to encompass any form of digital document as it includes “information electronically recorded or stored, and information derived from that information.”

Under section 19 of the EA, a statement made in a business document is admissible in court, generally, if the person who made the statement is either unavailable to appear as a witness or the appearance would be significantly inconvenient due to cost or delay.

Conclusion
 
Digital signatures and digital storage provide an effective way for companies to save time and money in the digital age. Their trend of increased prevalence will surely only continue. It is important therefore, that parties have a good understanding of what constitutes a digital signature and when it may be appropriate. Likewise, parties need to understand the steps required to ensure digitally stored documents will withstand the test of time.  If you would like to know more, please contact Rowan Barbalich.
 


Download as a PDF
Close window
x

See more news & insights
img_homepage_column3.jpg

People

Chris Moore – Partner

Chris’ legal experience is significant and broad, earning him a role as trusted advisor...

Chris Moore

Bob Roche – Partner

With over 25 years’ experience as a commercial property specialist in the United Kingdom...

Bob Roche

Lauren Semple – Partner

Lauren Semple leads our resource management team and has 25 years’ experience in the...

Lauren Semple

Anthony Staples – Partner

Anthony’s specialist expertise is in commercial and banking and finance – retail...

Anthony Staples

Steve Woodfield – Partner

Steve focuses predominantly on commercial, contract and property law matters, regularly advising...

Steve Woodfield

Antonia Shanahan – Principal

Antonia practises in all aspects of commercial property with a focus on development, sales...

Antonia Shanahan

Sam Green – Lawyer

Sam advises on a broad range of corporate, commercial and commercial property matters with...

Sam Green

Rob Harris – Lawyer

Rob has a wide range of experience in property and construction projects, in particular in...

Rob Harris

See more people
img_homepage_column4.jpg

Contact Us

Full details are provided on the Contact us page.

Auckland

Phone: +64 9 306 0490

Fax: +64 9 302 6119

Email: Email Us

Email: Email Us

Physical: Level 12
2 Commerce Street
Auckland 1010

Mail: PO Box 106006
Auckland 1143

Map: Open a Google map

Auckland

Map
x

Wellington

Phone: +64 4 494 8500

Fax: +64 4 494 8501

Email: Email Us

Email: Email Us

Physical: Level 13
36 Customhouse Quay
Wellington 6011

Mail: PO Box 25501
Wellington 6146

Map: Open a Google map

Wellington

Map
x

Christchurch

Phone: +64 3 353 0570

Fax: +64 3 353 0578

Email: Email Us

Email: Email Us

Physical: Level 5
83 Victoria Street
Christchurch 8013

Mail: PO Box 139
Christchurch 8140

Map: Open a Google map

Christchurch

Map
x
Return to top

There is a marked difference

in the way Greenwood Roche operates. From the outset we have focused on clearly defined specialist areas, retaining highly respected legal experts in each field. We then take that further; ensuring clients have direct and regular access to the most senior partners and lawyers, in a cost efficient manner.

Close contact with experts and clear cost advantages

We advise on a range of significant public and private sector projects. To ensure our specialists are always where they’re needed, we operate as one office with hubs in Auckland, Wellington & Christchurch.