We don’t stand apart. When briefed by a client we become an embedded part of the team. We engage our depth of knowledge and commercial acumen to swiftly identify what’s required from the outset – and set about delivering it. It’s not a revelatory approach, but it is refreshing, competitive and deeply efficient – and enjoyable.It has earned us a market reputation as a leader in our areas of expertise where we have established:
A prominent position on the “All of Government” external legal services panel.
A substantial public and private sector client base.
Regular appointments to nationally significant projects.
“They operate with a level of charisma in the room – certainly not order takers. They sense the gaps then find the solutions.”
To ensure our specialists are always where they’re needed, we operate as one firm with hubs in Auckland, Wellington and Christchurch. We advise on a range of public and private sector projects.
On 24 November 2023 resource consent was granted under the COVID-19 Recovery (Fast-track Consenting) Act 2020 for the above-ground construction works and subsequent operation of the new Inpatient building at Dunedin Hospital.
Resource consent was granted for the stage 1 foundation works on 23 December 2021 and for the stage 2 Outpatient building on 17 August 2022. The granting of this subsequent consent will enable the establishment of the new Inpatient building, the largest of the clinical buildings comprising the new Dunedin Hospital.
As the primary tertiary healthcare facility for the Southern region, the new Inpatient building will house a range of consultation and treatment spaces, including an intensive care unit, a dedicated primary birthing unit and an expanded emergency department. In addition to the dedicated clinical facilities, the Inpatient building site will also accommodate generous areas of landscaping and public realm extending primarily along the Cumberland Street frontage of the site. Works on the Inpatient building are anticipated to commence in Q1 2024.
A team from Greenwood Roche, led by Julian Smith, Monique Thomas and Rachel Murdoch, are advising Te Whatu Ora on all consenting and property matters relating to the New Dunedin Hospital.
On 26 July 2023 an expert consenting panel granted Hughes Developments Limited’s Faringdon Oval application under the COVID-19 Recovery (Fast-track Consenting) Act 2020.
Faringdon Oval is a 69.3ha extension of the existing, well established Faringdon community in Rolleston, which has developed over the last decade under the Operative Selwyn District Plan, the Housing Accords and Special Housing Areas Act 2013, and more recently, the COVID-19 Recovery (Fast Track Consenting) Act 2020.
The Fast Track consent for Faringdon Oval authorises the subdivision, land use and associated activities needed to facilitate the addition of 684 residential units to the Rolleston housing supply with an additional 462 residential units to be enabled through super lots with minimum density requirements. The development will support a range of residential housing types and densities, high quality landscaping, open space reserves, a neighbourhood centre and a network of transport links to existing residential areas and the Rolleston town centre.
Greenwood Roche is delighted to have assisted HDL in delivering a development that will contribute significant housing supply in such a strategic location for the wider Canterbury region.
On 28 July 2023 the Dunedin City Council granted a variation to the conditions of the previously consented enabling works for the New Dunedin Hospital.
The variation provides for changes in the location and footprint of the proposed Inpatient Building which will be housed on the old Cadbury factory site. The variation also accommodates a new plant building between the Inpatient Building and the southern site boundary, and technical construction related changes such as updated pile designs and driving methodology for the Inpatient Building and its two link bridges.
Enabling works for the Outpatient Building are complete and above-ground construction has begun with a target ‘go-live’ date of 2025. Enabling works are underway for the significantly larger Inpatient Building which is scheduled to ‘go-live’ in 2029. The resource consent application to authorise the above-ground construction and operation of the Inpatient Building has now been lodged with the Environmental Protection Authority for referral to an expert consenting panel under the COVID-19 Recovery (Fast-track Consenting) Act 2020. Subject to securing all necessary approvals, construction of that Building is scheduled to begin in Q1 2024.
The Greenwood Roche team has been advising Te Whatu Ora on the resource management and property aspects of the New Dunedin Hospital project since 2017.
Greenwood Roche recently acted for Bei Group Limited on Plan Change 59: Albany 10 Precinct to the Auckland Unitary Plan (Operative in Part), securing appropriate zoning and plan provisions to develop a comprehensive residential development, which will enable 1,800 dwellings in buildings up to ten storeys on part of the old Massey Campus, near the Albany town centre.
We advised Bei Group through the initial application, including notification and hearing phases and, following approval of the plan change, an appeal by Kristin School to the Environment Court largely in respect of transport matters. Concurrently, Greenwood Roche provided advice on conflicts between Auckland Council’s Plan Change 78 (Intensification Planning Instruments required by the National Policy Statement Urban Development) and proposed Variation 3 to the Auckland Unitary Plan. Ultimately Variation 3 was withdrawn by the Council and the appeal was resolved. On 9 December 2022, Auckland Council’s planning committee approved the operative status of the Plan Change, with formal notification to follow in early 2023.
Bei Group Limited can now progress its vision for its 13.7ha site at 473 Albany Highway - to create a vibrant, diverse and high-quality residential neighbourhood, with a range of housing typologies that will be supported by a new internal street network, quality public open space and a commercial hub to service resident demand. Greenwood Roche is delighted with this outcome and is looking forward to watching this exemplar development come to life.
Greenwood Roche has advised Hurupaki Holdings Limited through a Council hearing process, and an Environment Court appeal, to successfully obtain resource consent for a non-complying subdivision creating 76 residential allotments (including associated infrastructure and earthworks), a local café, a recreational reserve and playground, located on the fringe of Kamo in Northland.
As part of its masterplan the applicant proposed a suite of positive benefits that would reduce effects of the subdivision on the environment and improve overall amenity for the wider community. This included extensive replanting, restoration and enhancement of two natural areas - the Hurupaki Cone – which holds particular significance as an Outstanding Natural Feature and an Outstanding Natural Landform – and the Waitaua Stream.
The reporting team on behalf of Whangārei District Council recommended that the application be declined as it did not achieve a “net environmental benefit” as required by the relevant objectives and policies of the operative plan. The application was nevertheless granted by an Independent Commissioner who concluded that overall effects are likely to be minor and that, if consent was refused, then less acceptable outcomes would likely eventuate. An appeal to the Environment Court was made in respect of conditions; however these were ultimately resolved by agreement, with the Court’s final consent determination recently issued under urgency.
As a long-standing legal provider for Beca, Greenwood Roche recently led negotiations between Beca and Precinct Properties for the relocation of Beca House (Beca’s Auckland Office and Global Headquarters) to a new 14,000m² office premises as the anchor tenant in Precinct Properties’ latest development at 126 Halsey Street, Wynyard Quarter.
These negotiations continued our involvement in the project, working alongside Beca and Colliers to develop a market engagement strategy and assessing options that helped secure a better, faster and more efficient transaction.
Don Lyon, Chief Strategy & Operations Officer at Beca: “[The team at Greenwood Roche was] practical, collaborative and constructive, which on a complex deal with short timeframes, assisted greatly to reach agreement, on terms acceptable to its Board. Greenwood Roche were instrumental in developing a robust commercial strategy, then helping us negotiate a comprehensive and detailed Heads of Terms, that enabled us to discuss and resolve all major issues with the prospective landlord at the earliest possible time, giving confidence to our Board and significantly accelerating subsequent negotiations, once we progressed to a full Development Agreement, Agreement to Lease and Lease.”
A key focus for both Beca and Precinct was the performance of the building, including sustainability initiatives. The new building is designed to achieve a 6-star Green Star rating and a 5-star NABERSNZ rating.
The transaction was concluded swiftly and maintained programme for the project thanks to the collective efforts of Beca, Greenwood Roche, Colliers, Precinct Properties and Russell McVeagh.
The Construction Contracts (Retention Money) Amendment Act 2023 came into force on 5 October 2023, impacting the way retentions must be held. This FAQ answers the main queries we have been receiving from clients about complying with the new regime. Please click the link below for information on the changes.
What is an Incorporated Society?
An incorporated society is a membership-based not-for-profit legal entity that was, up until 5 October 2023, required to be registered pursuant to the Incorporated Societies Act 1908 (Existing Act).
There are over 24,000 incorporated societies operating in Aotearoa New Zealand, many of which are sports clubs and associations.
New Act and Regulations
The Incorporated Societies Act 2022 (New Act) and its associated regulations (New Regulations) came into force on 5 October 2023. The New Act:
From 5 October 2023, all existing incorporated societies are required to re-register under the New Act, and they have until 5 April 2026 to do so (this is referred to as the “Transitional Period” under the new Act). The provisions of the New Act will not apply to an incorporated society until it has re-registered under the New Act (the provisions of the Existing Act will continue to apply to that society in the meantime). Any society which fails to re-register by 5 April 2026 will cease to exist after that date.
Any new society wanting to incorporate as an incorporated society must now register under the New Act.
The following is a summary of the key changes introduced by the New Act:
o act in good faith and the best interests of the society;
o exercise powers for proper purposes only;
o comply with the New Act and the society’s constitution;
o exercise reasonable care and diligence;
o not create a substantial risk of serious loss to creditors; and
o not incur an obligation the officer does not reasonably believe the society can perform.
Officers are directly and personally liable to the incorporated society, whose members may apply
to the Court to enforce them. The New Act allows societies to keep and maintain insurance for
Officers in respect of such liability.
o make a false statement;
o fraudulently use or destroy property;
o falsify documents;
o defraud creditors;
o dishonestly operate under a name for which the word “Incorporated”, “Inc” or
“Manatopu” is the last word, when that organisation represented has not been
incorporated under the New Act or any other act allowing for the use of those words;
o breach a banning order (which is a court order disqualifying a person from being
an Officer of a society due to criminal or reckless conduct or incompetence etc.).
The changes introduced by the New Act are, in the main, likely to improve the way that sports clubs, associations and other not-for-profit organisations are governed in Aotearoa New Zealand.
The requirements of the New Act may not, for some of the larger and more sophisticated organisations, have a significant impact on governance practices. For smaller organisations (or those largely run by volunteers), the changes may be considerable and, in some cases, onerous: some may struggle to recruit and retain Officers particularly if there is little to no funding allowance for liability insurance. Others may struggle to meet the cost of compliance.
Societies should use the Transitional Period to ensure that they are in a position to be compliant with the New Act at the time of re-registration. This may include:
Societies should also consider the extent to which they wish to keep and maintain insurance for the liability of their Officers – it may otherwise be practically difficult to attract Officers to those roles, given the additional liability created by the new duties.
Please contact Kelly Johnson (or your usual contact at Greenwood Roche) if you have any queries in relation to the New Act and how it may affect your incorporated society.
Te Herenga Waka—Victoria University of Wellington has pulled together principles of te ao Māori and the Living Building Challenge (LBC) in an exciting marae precinct redevelopment on Kelburn Parade. Greenwood Roche are proud to have been involved in the pre-construction phase of this transformative construction project.
With construction well underway, 42 to 50 Kelburn Parade will soon be home to ‘The Living Pā’, a revolutionary marae precinct redevelopment and the latest addition to the University’s Kelburn campus. The 3000 sqm project will serve as an ‘incubator for innovation’ and a sustainability beacon that redefines our understanding of, and interaction with, the built environment.
The project is one of few striving for full ‘Living’ building certification in the Southern Hemisphere, the first mass timber building to do so, and the first amongst an urban environment. The LBC framework requires the pā to be net positive in carbon, water, energy and waste and demonstrably giving back to the local community and surrounding ecology.
The LBC requirements reflect te ao Māori principles such as kaitiakitanga (guardianship), whanaungatanga (kinship) and whakapapa (lineage). With Papaptūānuku under pressure, these principles have and will continue to have a profound influence on the project as it seeks the gold standard in sustainable building. The Living Pā intends to create a positive impact on the natural and human systems that interact with it, continuing long after construction is completed. Once completed, the pā aims to set the benchmark for future regenerative building projects.
Greenwood Roche assisted throughout the procurement process for this project, including to provide strategic procurement advice, draft and negotiate the early contractor involvement agreement and construction contract, and finalise the construction documents.
On Tuesday 28 November, Greenwood Roche hosted our first climate change focussed panel event: ‘Relocating from At-Risk Areas’, which centred around planned relocation. We are grateful to the panellists for taking time out to bring their expertise to the event and to all audience members for their thoughts and questions.
Our article gives an insight into some of the important conversations that were covered on the night. Keep an eye out for more events in the future!
Our very own John Greenwood opened the evening with a summary of the Report of the Expert Working Group on Managed Retreat – A Proposed System for Te Hekenga Rauora/Planned Relocation and its recommendations, before our panel opened its discussion. The evening closed with an informal Q & A session, where audience members had the opportunity to weigh in and quiz our panel members.
Over the course of the evening, a diverse range perspectives and concerns were aired and the discussion was educational and thought-provoking. Key discussion points included:
We look forward to continuing the conversation going forward and hosting more events of this type as part of our commitment to improving broader outcomes under our new GreenPrint initiative.
Finally, a special thank you to all our panellists: Rawiri Faulkner (Environment and Culture at Ngāti Toa), Alison Howard (Manager for Climate Change Response at Wellington City Council), and Peter Nunns (Director of Economics at Te Waihanga / the New Zealand Infrastructure Commission).
Over 360 guests, including a large contingent from Greenwood Roche, enjoyed the evening-long celebration at Tākina at the recent Property Council of New Zealand Awards evening held in Wellington.
Whakamihi to the team behind Wellington’s new Tākina Wellington Convention & Exhibition Centre – Wellington City Council, Willis Bond, Studio Pacific Architecture, Dunning Thornton Consultants, Beca, Holmes Fire, LT McGuinness and all the subcontractors and suppliers, which took home the highest accolade, the Greenwood Roche Supreme Excellence Award at the recent annual Property Council - Wellington Property Peoples Awards. Over 360 guests, including a large contingent from Greenwood Roche, enjoyed the evening-long celebration at Tākina.
In a rare unanimous decision, judges commended the project team for the seamless delivery of a project of immense vision, scale and complexity, particularly when faced with the unprecedented disruption of the Covid-19 pandemic.
Judge Paul Robinson says, “the collaboration of the Tākina team has resulted in an extraordinary asset for the city – stunning architecture delivered on time and on budget – that greatly enhances the city and region.”
“Tākina is the Capital’s largest built infrastructure investment for two decades, spanning a build period of 3.5 years. Home to exhibitions and conventions which will boost tourism and dollar spend in Wellington, Tākina is a catalyst for further development in Wellington and greater investment in the region.”
We would like to extend our congratulations to all other award recipients and nominees from the evening with a special mihi to Lewis England, General Manager of Property Acquisition and Operations at Te Rūnanga o Toa Rangatira, who was awarded the coveted Beca Young Achiever of the Year Award and Richard Findlay, Managing Director of Colliers Wellington, who was presented with The Outstanding Leadership Award.
Thank you to the team at Property Council New Zealand for organising the event and celebrating industry success.
Greenwood Roche looks forward to continuing our long association with the Awards in 2024.
The national environmental standards for commercial forestry (NES-CF) came into force on 3 November 2023, amending the current national environmental standards for plantation forestry (NES-PF).
The NES-CF will apply to both plantation forests and exotic continuous-cover forests (carbon forests) that are established for commercial purposes.
The intention is that the environmental effects of large-scale forestry on the environment, communities and rural economies will be able to be better managed.
The NES-CF are clear national standards on the way forests can operate; regulating the activities of afforestation, pruning and thinning to waste, earthworks, river crossings, forestry quarrying, mechanical land preparation and replanting.
The key changes from the NES-PF are that carbon forests will now be regulated by the standards (in addition to plantation forests) and there are greater powers for local authorities. There is also a new permitted activity condition to manage slash at harvest and new requirements around the management of wilding trees.
Recent cyclones and extreme weather events and subsequent media coverage have brought the issues of location of forests and slash management into the public arena. Whether the sharp focus on foresters is fair given surveys have shown only 2% of the post Cyclone Gabrielle debris in areas such as Wairoa was forestry slash appears to be a moot point.
The NES-CF gives councils more control over the location of forestry and councils have the flexibility to introduce rules that reflect the views of the local communities through their planning processes. Councils can now also consider the following additional matters of discretion:
For the purposes of harvesting, land has been zoned green, yellow, orange or red. Harvesting is a permitted activity in green, yellow and orange zones. Limited harvesting in a red zone is also permitted in certain circumstances. This hasn’t changed under the NES-CF. What has is the slash management rules. Now, in orange or red zones, slash from harvesting that is “sound wood” (wood that can be safely lifted using harvesting equipment and transferred to a landing without degrading or breaking up) must be removed unless it is unsafe to do so if it has a length of over 2 metres and a large end diameter of 10cm. Some residual slash larger than this size (not exceeding 15m³ per hectare of the cutover) may be left on the site. If the forest owner can’t meet this requirement, harvest will be a controlled activity and they will need to apply for consent.
A number of other technical and operational amendments have been made to the NES-PF.
It will be interesting to see how these amended regulations affect our forestry industry going forward. Regional differences will likely make navigating the consenting and forestry management and compliance spaces more complex and costly. These additional restrictions and costs combined with increased ETS costs and a less forestry friendly overseas investment regime may ultimately result in less forestry over time. This raises the question of how New Zealand will meet its domestic and international climate change targets.