Water

Overview

We guide clients through a range of challenges relating to water and the legal and regulatory issues surrounding it. Steeped in significant experience and industry insight, our team has been deeply embedded with a variety of clients in relation to the current Local Water Done Well reform, following on from significant involvement in the previous Three Waters reform. This has included advice on the establishment of new water organisations including in respect of governance, transfer of responsibility and assets, contracts and procurement, land access, economic regulation and pricing. It has also included ongoing legal advisory support to central government as it implements Local Water Done Well and supports local government throughout the motu.

We advise a variety of clients on water resource management including freshwater planning, regulatory standards and compliance. The clients we work with, such as water services providers (water, wastewater and stormwater), major corporate water users, hydro-generation and geothermal companies, and iwi and hapu, trust us to provide strategically-sound advice that takes the bigger picture into account.

Expertise

Local Water Done Well

The Government's Local Water Done Well reform programme requires local councils in New Zealand to propose financially sustainable models for delivering safe drinking water, wastewater and stormwater services in its district. In many cases, this has led to the proposed establishment of a council-controlled water organisation to deliver water services, in some instances on a joint regional basis.
 
Drawing on our multidisciplinary expertise, we advise on the full spectrum of legal matters arising from implementing Local Water Done Well legislation, including advising on establishing water organisations and transferring responsibilities and assets to these new entities, and relationships between water organisations and council shareholders. We also advise on procurement and shared services, infrastructure project financing and related structuring, economic regulation and pricing, regulatory standards and compliance issues, as well as development, planning and environmental issues.
    

Freshwater

Freshwater is a contentious regulatory topic, and we bring a detailed understanding of the practical issues facing water users. This includes the critical issue of access to water resources through involvement in both planning and consenting proceedings, and the issues of water quality and nutrient management. We continue to advise a number of significant clients in relation to freshwater policy and regulation issues, such as Watercare, Wellington Water and Fonterra.

Experience

Our experience includes advising:

• A range of clients on their submissions on the Local Water Done Well legislation including water services providers, local government, and primary sector participants.
• On all aspects of the statutory framework for Local Water Done Well reform, including advice to central government on implementation of Local Water Done Well.
• Watercare on the development and application of interim and enduring economic regulation. The team has drawn on its experience advising various other major utilities (in the energy, telecommunications and airport sectors) on engaging with Government and regulators on the design of economic regulation frameworks.
• Newly incorporated water organisations on their establishment, governance, responsibilities, powers and corporate operations.
• Watercare in obtaining all necessary approvals for the $800m Central Interceptor project and protecting the routes for the Northern Interceptor and North Harbour No.2 Watermain – three major water and wastewater infrastructure projects required to service the anticipated growth of Auckland.
• A wide range of clients including Watercare, Fonterra, T&G Global and Waste Management NZ on the National Policy Statement for Freshwater Management 2020 and associated National Environmental Standards. 
• Trustpower in respect of the Lake Coleridge Project, including securing a variation to the Rakaia River National Water Conservation Order, and in securing the resource consents for the Wairau Hydroelectric Power Scheme.
• Fonterra on planning issues across the country, including on changes to water quality and nutrient management policy documents and planning rules, and in relation to Government policy reform.
• Rangitata Diversion Race Management on water supply agreements, water swap agreements, and access to its infrastructure by an additional irrigation company.
• Lion/Wither Hills in relation to the grant by Lion/Wither Hills of certain water rights to neighbouring vineyards in Marlborough.
• Fonterra, Dairy NZ, Irrigation NZ, Horticulture NZ and Federated Farmers on the proposed development of the Ruataniwha Water Storage Scheme in Hawke's Bay.
• Tasman District Council on the proposed funding, establishment and construction of a water augmentation project, in conjunction with private irrigators and Crown Irrigation Investments Limited
• PowerSmartNZ Limited (a subsidiary of Vector Limited) on the form of construction contract and the design/procurement contracts for New Zealand's first floating solar project that was constructed for Watercare Services Limited (Auckland Council's water and wastewater entity) at Watercare's Rosedale Wastewater Treatment Plant on Auckland's North Shore.