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Public Private Partnerships

After some delay, PPPs are now becoming a recognised procurement tool in New Zealand, with the establishment of the National Infrastructure Unit in Treasury, the publication of New Zealand PPP guidelines and the commencement of New Zealand’s first path finders.

Kensington Swan is perfectly positioned to advise on PPPs in New Zealand, with a large team experienced in advising on a wide variety of PPPs overseas and on New Zealand’s pathfinder projects. We are fully aware of the time, resources, speed of turnover, and flexibility necessary to successfully advise on these large and complex projects.

Our wide and varied client base includes central and local government, project sponsors, funders, contractors, facility managers, and operators.

Leading PPP development

Kensington Swan has been actively involved in the establishment of PPPs in New Zealand, and our lawyers have experience in major PPP projects both in New Zealand and in the United Kingdom.

Our team has invested considerable time and resource into investigating international best practice in PPPs. We collaborated with the New Zealand Council for Infrastructure and Development (NZCID) in 2006 and 2010, by offering assistance with its study trips. These study trips and subsequent reports looked into the way countries plan, fund, and procure their infrastructure projects, providing significant insights for the New Zealand market and central government.

We were also part of the team that advised on the amendment of the Local Government Act 2002 that has enabled build-own-operate-transfer (BOOT) projects in the water sector.

We assisted the private sector in submissions for the proposed Waterview Tunnel BOOT Project.

We have provided internal training to public sector bodies on the mechanics, advantages, and risks of PPP projects.

Multi-sector experience

Our team has worked on PPP projects in health, energy, transport, custodial services, education, leisure, water, housing, and mining.

New Zealand projects

Kensington Swan is involved in New Zealand’s first PPP projects for Wiri Prison and Hobsonville School, enabling us to develop experience in reviewing and applying the NIU’s standard form documentation.

We have also provided advice on a number of PPP-style projects developed in New Zealand prior to the new guidelines being established. These have included:

  • Mt Eden Prison custodial outsourcing
  • Pike River BOOT
  • Vector Arena BOOT
  • Pohokura condensate and gas field BOOT
  • Penlink PPP
  • Moa Point water BOOT
  • Motonui synthetic gasoline PPP

UK projects

In the United Kingdom, our team members have been involved in over 20 PPP projects, including Dorset Street lighting, Sheffield schools, Brent Leisure Centre, and Worcester Acute Hospital.

Recent experience

Wiri Prison PPP

We acted for a Serco as operation and maintenance contractor and equity holder in the succesif of a consortium for the proposed Wiri Prison in Manukau. The project, valued at $840m, will see the design, construction, and finance of a 960 bed prison in South Auckland and its operation for the next 25 years.

Next Generation Tennis Centre

We acted for Next Generation Clubs (NZ) Limited in the establishment of a BOOT arrangement with Tennis Auckland for the redevelopment of the Auckland Tennis Centre, and the construction and operation of a new leisure and sports club on the site. We advised on all documentation with a range of stakeholders, including the local councils. This enabled the project to be carried out within a timetable that allowed the January 2012 Tennis Tournaments to be held without disruption.

Related legal services

Energy and resources law

Related link ‘Infrastructure development in Comparative Nations’.

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