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Transport infrastructure

Kensington Swan is a leader in transport infrastructure law. We act for New Zealand’s leading transport agencies, major contractors, and industry groups.

Major project expertise

Our lawyers have expertise in major capital works projects and maintenance contracts. We have advised on the design-build-operate-maintain contract for New Zealand’s first toll road in Auckland, and the strengthening and maintenance of the Auckland Harbour Bridge.

We have experience with major state highway projects, and large rail projects, including the electrification of the Auckland rail network. We also have extensive expertise in ports and logistics.

Our clients and sector contacts include:

  • New Zealand Transport Agency
  • Auckland Transport
  • Major New Zealand and Australian roading contractors
  • New Zealand Contractors’ Federation
  • New Zealand Council for Infrastructure Development.


We are experts in the procurement of land transport projects, and advised the New Zealand Transport Agency on its new Procurement Manual. The manual governs the procurement of all land transport projects in New Zealand.

Recent experience

State highway projects

Kensington Swan has advised the New Zealand Transport Agency and major contractors on the major SH1, SH20, and SH16/18 projects in Auckland, the Waikato Expressway project, and the Wellington Urban RON. These projects have involved a variety of procurement methods, including traditional construction contracts, design and construct (early contractor involvement (ECI)), and alliance contracts.

Auckland Harbour Bridge

Our lawyers advised the Total Bridge Services consortium, comprising TBS Farnsworth, Fulton Hogan, and Opus. The project involved steel strengthening and maintenance of the Auckland Harbour Bridge. We assisted on the renegotiation of maintenance contracts and the drafting of a steel strengthening contract and subcontracts.

Redevelopment of Hamilton City Centre

We advised Hamilton City Council on an innovative procurement method for the redevelopment of its city centre. This involved using bespoke collaborative contract arrangements to ensure the project was delivered on time and met the Council’s needs concerning impact on the public, budgetary constraints, and tight timeframes. The outcome was a successful project that was delivered on time and within budget and was well received by the Hamilton public.

New Zealand Transport Agency

We advised the New Zealand Transport Agency on the first New Zealand toll road under the Land Transport Management Act. This involved us assisting three parties on a complex design-build-operate-maintain contract using FIDIC conditions of contract. The project was a success and was finished within the tight timeframe put forward.
Auckland rail electrification

We acted for the successful contractor, Hawkins Infrastructure/Laing O’Rourke, on the electrification of the Auckland rail network. We advised on the contract review and contract negotiations, and are currently advising on contractual issues.

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