Best Project Finance Lawyers in Dunedin

About Project Finance Law in Dunedin, New Zealand

Project finance in Dunedin involves the legal, regulatory and commercial framework used to fund and deliver large-scale infrastructure and development projects - for example energy generation, transport, water infrastructure, commercial property developments, and public-private partnership projects. Project finance typically uses a special purpose vehicle - an SPV - to isolate project assets and cashflows, and relies on a combination of debt, equity and contractual arrangements among sponsors, lenders, contractors and public authorities. In Dunedin, project finance sits at the intersection of national legislation, regional and local planning rules, iwi engagement requirements, environmental regulation and standard commercial law such as company, security and contract law.

Why You May Need a Lawyer

Project finance transactions are legally complex and high value. You may need a lawyer if you are a sponsor, lender, contractor, investor, landowner or public authority involved in a project in Dunedin for reasons that include:

- Structuring the project and the SPV to manage risk, tax and regulatory obligations.

- Drafting, negotiating and reviewing finance documents such as loan agreements, security documents, intercreditor agreements and guarantees.

- Preparing and negotiating project contracts including engineering, procurement and construction (EPC) contracts, operations and maintenance contracts, concession agreements and supply contracts.

- Navigating resource consents, planning approvals and building consent processes administered by Dunedin City Council and Otago Regional Council.

- Advising on environmental consent conditions, compliance with national environmental standards and freshwater or coastal rules.

- Managing iwi and mana whenua consultation and treaty-based obligations, including cultural impact assessments and requirements under statutory planning processes.

- Carrying out legal due diligence on title to land, existing encumbrances and regulatory compliance.

- Registering and enforcing security interests under the Personal Property Securities Act and land-based security under the Land Transfer system.

- Advising on insolvency, enforcement and dispute resolution mechanisms, including arbitration and litigation strategies.

Local Laws Overview

The following legal areas are particularly relevant to project finance in Dunedin. This is a high-level overview and not an exhaustive list.

- Resource management and planning - Projects that affect land use, freshwater, coastal areas, or air quality will typically require resource consents. The Resource Management Act 1991 has been the primary statute, but the government is implementing new resource management and planning legislation. Local rules in the Dunedin City District Plan and regional plans administered by Otago Regional Council set site-specific requirements and consenting paths.

- Building and construction - The Building Act 2004 and the Building Code govern building consents, code compliance certificates and building safety standards. Large infrastructure can also engage specialist regulations and construction health and safety obligations.

- Company and insolvency law - The Companies Act 1993 and related insolvency rules govern SPV formation, shareholder duties and the consequences of insolvency or liquidation for project stakeholders.

- Security and priority - The Personal Property Securities Act 1999 (PPSA) governs registration and priority of security interests in personal property. Land mortgages and charges are recorded under the land registration system. Careful priority structuring is critical for lenders.

- Contract law and procurement - Standard common law contract principles apply, together with procurement rules for public sector projects. Contracts should address risk allocation, liability caps, variations, performance security and remedies for breach.

- Environmental regulation - National environmental standards, freshwater management legislation and hazardous substances rules can impose conditions on project design and operation. Compliance monitoring and reporting obligations are typical.

- Maori-Crown relationship and iwi engagement - Projects in Otago will generally need to consider Ngai Tahu interests and consult with relevant rūnaka. Statutory consultation obligations may arise under planning legislation and consenting processes.

- Foreign investment and taxation - The Overseas Investment Act and associated rules can apply where foreign investors acquire sensitive land or significant interests. Tax structures, GST issues and financing tax treatments should be considered with specialist tax advice.

Frequently Asked Questions

What is project finance and how does it differ from corporate finance?

Project finance funds a single project on a non-recourse or limited-recourse basis where lenders primarily rely on the project’s cashflows and assets rather than the general credit of the sponsors. Corporate finance uses the balance sheet of an existing company and typically exposes the company’s wider assets. Project finance focuses on ring-fenced SPVs, detailed contractual allocation of risks and layered security arrangements.

What permits and consents will my project need in Dunedin?

Required consents depend on the nature of the project. Common requirements include resource consents under planning law for land-use and environmental effects, building consents under the Building Act, and possibly regional permits for discharges or water takes. Consents may be obtained from Dunedin City Council and Otago Regional Council, and some activities have national standards that apply.

How long do consenting and approval processes typically take?

Timeframes vary by project complexity, scale and whether applications are notified. Simple, non-notified consents might be decided in weeks or a few months. Complex projects that require assessment of environmental effects, iwi consultation and public submissions can take many months or over a year. Early engagement with councils and stakeholders helps reduce delays.

Do I need to consult with Ngai Tahu or other iwi for a Dunedin project?

Yes - projects affecting land, freshwater or cultural heritage will generally need to consider Ngai Tahu interests and consult with relevant rūnaka. Statutory planning processes typically require engagement with iwi and may include cultural impact assessment and negotiated conditions. Early, meaningful engagement reduces risks of delay or legal challenge.

What security interests will lenders usually require?

Lenders commonly require a combination of securities: mortgages over project land, charges over project bank accounts and shares in the SPV, debentures or fixed and floating charges, assignment of project contracts and cashflows, and registration on the Personal Property Securities Register. Intercreditor arrangements govern priority where multiple creditors or support providers are involved.

How should I structure the project vehicle - is an SPV always required?

An SPV is widely used to isolate project risk and simplify lender security. It is not legally required in every case, but it is best practice for larger projects or where ring-fencing of assets and liabilities is needed. Structuring should consider tax, liability, governance, and financing objectives and be advised by lawyers and tax advisers.

What are common risks in project finance and how are they allocated?

Common risks include construction risk, commercial/market risk, regulatory risk, environmental and consenting risk, operational risk, and political or sovereign risk. These risks are typically allocated through contracts - for example, EPC contracts for construction risk, offtake or revenue contracts for market risk, and operator agreements for operational risk. Lenders expect clear risk allocation, guarantees or mitigation, and contingency measures.

How much will legal services cost for a typical project finance transaction?

Legal fees depend on transaction size, complexity and scope of work. Costs cover due diligence, drafting and negotiating finance and project documents, consenting assistance and closing work. Smaller projects may be managed for modest fixed fees or staged retainers, while major infrastructure transactions often require significant legal budgets. Ask prospective firms for fee estimates, scope breakdowns and likely disbursements early on.

What due diligence should be carried out before financing a project in Dunedin?

Key due diligence areas include title and land use, regulatory consents, environmental and contaminated land assessments, contractual obligations and warranties, corporate records of the SPV and sponsors, security perfection and priority checks, tax history and liabilities, employment and contractor arrangements, and any third-party rights such as easements or leases.

How are disputes typically resolved in project finance agreements?

Disputes are managed through staged dispute resolution clauses: negotiation, escalation to senior management, mediation or expert determination, and ultimately arbitration or court proceedings if unresolved. Arbitration is common in complex commercial projects because it can be faster and more private than litigation. Dispute clauses should be clear on governing law and venue - New Zealand law is normally used for projects in New Zealand.

Additional Resources

Below are types of organisations and resources that can help with project finance matters in Dunedin. Contacting these bodies early can assist in understanding regulatory, technical and commercial obligations.

- Dunedin City Council for district planning, building consents and local approvals.

- Otago Regional Council for regional resource consents, water management and environmental monitoring.

- Department of the relevant national agencies for building regulation and environmental policy.

- Ngai Tahu and the relevant local rūnaka for iwi engagement and cultural considerations.

- Personal Property Securities Register guidance for registering security interests and understanding priority rules.

- Inland Revenue for tax obligations and GST treatment related to project transactions.

- Overseas Investment Office for foreign investment screening where sensitive land or significant investments are involved.

- Industry bodies and professional advisors such as engineering, environmental consultants, quantity surveyors and project finance advisers for technical and commercial support.

Next Steps

If you need legal assistance with project finance in Dunedin, consider the following practical steps:

- Clarify your project scope, timeline and commercial objectives to form the basis of legal advice.

- Assemble a core advisory team - lawyer, tax adviser, technical consultant and environmental specialist - early in the planning phase.

- Engage a lawyer experienced in project finance and local consenting who can advise on structure, risk allocation and the consenting pathway and can coordinate with local parties such as Dunedin City Council and iwi representatives.

- Request an engagement letter that sets out scope, estimated fees and disbursements so you understand likely costs and deliverables.

- Start stakeholder engagement early - this includes councils, regulators, affected landowners and iwi - to reduce consenting and social license risks.

- Carry out early legal due diligence on title, consents, environmental status and existing contractual obligations to identify deal breakers and structuring options.

- If you are seeking finance, prepare a clear financing timetable, identify security packages and discuss priority and enforcement arrangements with potential lenders early.

Project finance requires coordinated legal, technical and commercial work. Engaging experienced advisers in Dunedin will help you manage regulatory requirements, structure the transaction for lenders and investors, and reduce timing and cost uncertainty. If you are unsure where to start, arrange an initial meeting with a specialist lawyer to review your project and outline the next steps tailored to your circumstances.