Best Project Finance Lawyers in New Zealand

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O'Sheas Law
Hamilton, New Zealand

Founded in 1908
50 people in their team
Māori
English
About usO’Sheas Law is a modern and energetic practice bringing together a team of respected legal practitioners who have provided legal expertise and practical advice to Hamilton and the greater Waikato region for many years.The firm has a wealth of local knowledge and strong relationships...
McCaw Lewis Lawyers
Hamilton, New Zealand

Founded in 1919
50 people in their team
Māori
English
About UsMcCaw Lewis has a long and honourable history in the Waikato region. Our clients are good tāngata who deserve great support and advice.At McCaw Lewis our clients are more than business partners. They are whānau. We have served the Waikato community for over 100 years and understand the...
Convey Law
Auckland, New Zealand

Founded in 2000
10 people in their team
Māori
English
We Are Expert Property / Real Estate Lawyers.Convey Law - Online Property LawyersConvey Law is the online conveyancing division of LAW.NZ Lawyers. Our main office is located at Takapuna, North Shore, Auckland. As dedicated experienced Property / Real Estate Lawyers we are highly trained and skilled...
Linwood Law
Christchurch, New Zealand

Founded in 2000
10 people in their team
Māori
English
Linwood Law Limited is a firm of lawyers committed to providing a professional and friendly service to our clients. “A Lifetime of Support”Linwood Law began life as the branch of a large Christchurch firm more than 20 years ago. It then evolved to become its own separate firm. Now owned by...
Morrison Mallett
Wellington, New Zealand

Founded in 2000
50 people in their team
Māori
English
About UsWhy Choose Us?We are a specialist commercial law advisory practice. Our goal is to provide top-tier legal advice in a client-focused and cost-effective manner.Our priority is to help you achieve your business objectives.At Morrison Mallett, we are...Proactive - Our team at Morrison Mallett...
Davenports Law
Auckland, New Zealand

Founded in 1920
50 people in their team
Māori
English
Our skilled team are dedicated to providing professional, crafted legal advice, for peace of mind.Every client is unique. We focus on individual needs, providing innovative and practical business-minded solutions presented in a down to earth, common-sense manner. Our unwavering goal is your...
Sharp Tudhope Lawyers
Tauranga, New Zealand

Founded in 1896
50 people in their team
Māori
English
As Tauranga’s oldest business we’re proud to have celebrated 125 years in our region.It all started in 1896, when Henry Sharp opened his law practice on the Strand in Tauranga’s city centre. He then invited fellow lawyer, Archie Tudhope to join him, 15 years later. They literally ‘joined...
Saunders & Co Lawyers
Christchurch, New Zealand

Founded in 1922
200 people in their team
Māori
English
SAUNDERS & CO IS A FIRM OF CHRISTCHURCH LAWYERS EXPERIENCED IN COMMERCIAL AND CORPORATE MATTERS, INTELLECTUAL PROPERTY, RESIDENTIAL PROPERTY, LITIGATION, IMMIGRATION, FAMILY, CRIMINAL , TAX, RESOURCE MANGEMENT AND ENVIRONMENTAL LAW.Our Christchurch law firm office is divided into teams.The...
Clyde Law Limited
Hamilton, New Zealand

Founded in 1999
50 people in their team
Māori
English
HAMILTON LEGAL EXPERTSClyde Law was established in 1999 in Hamilton East by Graeme Steed (LLB), an experienced practitioner with 30+ years experience.As a smaller client focused firm our aim is to establish strong working relationships with our clients and provide them with affordable, effective...
Harmans Lawyers
Christchurch, New Zealand

Founded in 1888
200 people in their team
Māori
English
Our HistoryServing Canterbury since 1888Harmans’ long association with Canterbury’s legal community began in 1888, when Thomas DeRenzy Harman, the son of Richard Harman, a passenger on one of the First Four Ships, established his own practice.Over the next 100-odd years the firm was known by a...
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About Project Finance Law in New Zealand

Project finance is a method of financing large-scale infrastructure, energy, and public works projects in New Zealand, generally based on the project's own ability to generate revenue as collateral for the loan. Instead of relying solely on the balance sheets of project sponsors, funding is repaid from the cash flow produced by the specific project. This approach is frequently used for public-private partnerships (PPPs), renewables projects, transportation, utilities, and other major developments. Project finance law in New Zealand covers a wide range of legal areas, including banking and finance law, securities, contract law, property law, and regulatory compliance. Specialized legal expertise is often required to navigate complex financial structures, multi-party agreements, and regulatory obligations.

Why You May Need a Lawyer

Project finance transactions are highly complex and may involve multiple stakeholders such as financiers, government agencies, contractors, and private investors. You may need a lawyer if you are:

  • Developing or investing in large infrastructure, energy, or utility projects
  • Entering into public-private partnerships with the government or local authorities
  • Raising funds for a major project through syndicated loans or bonds
  • Negotiating engineering, procurement, and construction (EPC) contracts
  • Navigating permitting and environmental approvals
  • Structuring project company and special purpose vehicle (SPV) arrangements
  • Ensuring compliance with local laws and regulatory requirements
  • Managing project risks, insurance, and security arrangements

Legal advice is critical in structuring deals, drafting agreements, and mitigating risks which can help avoid costly disputes or delays.

Local Laws Overview

Several key aspects of New Zealand law are particularly relevant to project finance:

  • Contract Law: Most project finance transactions are founded on detailed contractual arrangements among all parties, including loan agreements, shareholder agreements, EPC contracts, and operation and maintenance agreements.
  • Security Interests: The Personal Property Securities Act 1999 governs registration and priority of security interests granted over project assets and receivables.
  • Resource Management: Projects often require resource consents under the Resource Management Act 1991 for land use and environmental impact.
  • Public-Private Partnership Regulation: The government has guidelines for PPPs, including standardized contracts and risk allocations.
  • Taxation: Projects must comply with New Zealand tax laws, including those related to Goods and Services Tax (GST) and income tax, which can affect financing structures and returns.
  • Foreign Investment: Overseas Investment Act 2005 may impact projects involving significant foreign investors or sensitive assets, requiring consent from the Overseas Investment Office.

Understanding and complying with these laws is crucial to avoid delays or legal challenges.

Frequently Asked Questions

What is project finance?

Project finance is a method of funding large projects where the project's future revenues serve as the primary source of repayment, and assets or rights are used as collateral.

Who are the main parties involved in a project finance transaction?

The main parties typically include the project sponsor, lenders (often banks or financial institutions), contractors, government authorities, investors, and insurers.

What is a special purpose vehicle (SPV) in project finance?

An SPV is a legally separate entity created to isolate financial risk by owning and operating the project, and to facilitate the raising of finance.

What legal documents are essential in a New Zealand project finance deal?

Key documents often include loan and security agreements, shareholder agreements, EPC contracts, operations and maintenance agreements, and various government approvals or permits.

Do project finance deals in New Zealand require government approval?

Some projects, especially those involving public assets, infrastructure, or foreign investment, may require formal approvals or consents from government agencies.

How are risks allocated among parties?

Contracts typically allocate risks based on which party can best manage or mitigate them, covering aspects like construction delays, cost overruns, regulatory changes, and force majeure events.

Can foreign companies invest in project finance in New Zealand?

Yes, foreign companies can invest, but significant or sensitive acquisitions may require Overseas Investment Office consent under the Overseas Investment Act.

What happens if the project does not generate enough revenue?

If a project underperforms, lenders may exercise their security rights to take control of the project assets, or the equity of sponsors may be at risk. Legal agreements set out the remedies and recourse available.

How does New Zealand law treat environmental and resource consents?

Projects requiring land or resource use must obtain consents under the Resource Management Act, and compliance is strictly monitored to protect the environment.

How can a lawyer help me with project finance?

A lawyer can assist in structuring deals, negotiating contracts, ensuring regulatory compliance, identifying risks, and helping resolve disputes or challenges, ultimately safeguarding your financial interests.

Additional Resources

  • Ministry of Business, Innovation and Employment (MBIE) - Provides information and guidelines on infrastructure and PPP projects.
  • Reserve Bank of New Zealand - Regulatory information on banking and finance in New Zealand.
  • Overseas Investment Office - Guidance on the Overseas Investment Act and foreign investment approvals.
  • New Zealand Law Society - Directory of lawyers with expertise in project finance.
  • Local Councils and Regional Authorities - Information on resource consents and compliance obligations.

Next Steps

If you are considering engaging in a project finance transaction in New Zealand, it is important to take the following steps:

  • Start by identifying the type and scope of your project and potential stakeholders involved
  • Assess the regulatory approvals you may require, including resource consents and any permissions for foreign investment
  • Prepare a list of key contractual arrangements needed to secure finance and manage project delivery
  • Contact a lawyer with experience in project finance to review your plans, provide advice on structuring, and help you navigate legal and compliance issues
  • Gather all relevant documentation, such as business plans, feasibility studies, and proof of funding or backing
  • Work closely with your legal team to ensure that all requirements are met and risks are properly managed before proceeding

Getting professional legal advice as early as possible can help set your project up for success and prevent avoidable mistakes or delays.

Lawzana helps you find the best lawyers and law firms in New Zealand through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Project Finance, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in New Zealand - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.