
We've selected three of our recent big deals to give you an idea of what you could be involved in.
Sale of Shell New Zealand to Infratil Limited and NZ Super Fund
The sale of Shell's New Zealand downstream businesses to Buddle Findlay's clients, Infratil Limited and the NZ Super Fund, will be one of the biggest M&A deals in New Zealand this year. It includes the sale of over 200 petrol stations and Shell New Zealand's shareholding in various businesses – including a 25% stake in Flybuys.
This has been an exciting transaction to work on, with teams throughout the firm and in both the Auckland and Wellington offices involved in different stages of the transaction. The complexity of the transaction has made this particularly interesting for us as lawyers – there are bound to be legal issues when dealing with 200+ properties!
The Wellington Corporate and Finance teams have led the transaction, negotiating the sale and purchase agreement with the vendor and financing arrangements with a consortium of banks. They have also negotiated ongoing agreements for the supply of crude and refined oil product which will themselves be worth billions of dollars.
Infratil is an important client of Buddle Findlay. It is a highly successful NZX listed infrastructure investor which owns a number of businesses such as Wellington Airport, New Zealand Bus (New Zealand's largest public transport operator) and a majority stake in TrustPower. It has been fantastic working with Infratil and NZ Super Fund on the purchase of such a significant and high profile business.
“This has been a great project to work on: a client that we really enjoy working with; challenging and interesting work for all involved on a high profile transaction; and the satisfaction of being part of a national team that has worked together exceptionally well to make it all happen.”
Gene Turner and Grant Dunn, Partners, Wellington and Auckland
Central Plains Water Limited
Buddle Findlay acts for Central Plains Water Limited (CPWL) in relation to the proposed Central Plains water scheme on the Canterbury Plains. The proposed scheme is a $135 million project, and when completed, it will be New Zealand's largest irrigation scheme.
Our Christchurch team, headed by Rachel Dunningham, Mark Odlin and Willie Palmer, has provided advice on resource management, environmental and commercial matters. We have been involved in every facet of the project, from its initial structuring and funding, to the applications for resource consents.
Throughout the project our team has grappled with many novel and complicated legal issues. The complexity and size of the scheme and the sensitivity of irrigation development in Canterbury necessitated an innovative approach. Buddle Findlay has acted for CPWL on the resource consent applications necessary for the scheme and in a number of priority disputes – some of which have gone as far as the Supreme Court.
Buddle Findlay will continue to work with CPWL throughout the consent process and into the project's development.
“The Central Plains Irrigation Scheme has the ability to supercharge the economy of the Christchurch and Selwyn districts. Who wouldn't want to be involved in a project that could make that happen? And that's been our approach throughout – making it happen by overcoming obstacles and addressing challenges. We've even made new law along the way.”
Rachel Dunningham, Partner, Christchurch
The Ngati Manawa and Ngati Whare Treaty of Waitangi settlements
Buddle Findlay acts for the Office of Treaty Settlements in the negotiation of Treaty settlements with Maori claimant groups. Examples from last year are the settlements with two neighbouring central north island iwi, Ngati Manawa and Ngati Whare.
Our Treaty Settlement team of Maori, environmental, property, and tax lawyers, led by Paul Beverley and Charlotte von Dadelszen, attended negotiation meetings in Wellington and throughout the rohe of Ngati Manawa and Ngati Whare, to help negotiate and ultimately agree the components and drafting of the two deeds of settlement.
The Ngati Whare and Ngati Manawa deeds of settlement include:
The Treaty settlement process often involves the breaking of new legal ground, and these settlements were no different. For example, in the Ngati Whare settlement we contributed to the development of a unique conservation co-management framework for the Whirinaki Forest.
The Ngati Manawa and Ngati Whare deeds of settlements were signed by representatives from the Crown and Iwi at ceremonies held in late 2009. Both will be implemented through settlement legislation.
“Our work for OTS is challenging, diverse and rewarding. It gives us the opportunity to contribute to Treaty Settlements which are of significant historical and cultural importance to not only the iwi concerned, but New Zealand as a whole.”
Paul Beverley, Partner, Wellington