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Water & Wastewater
Managing and delivering water resources in a financially sustainable and secure manner is a key long-term priority for New Zealand, and an area where significant reform has been progressing for several years.
We have considerable industry experience in water, wastewater, and stormwater delivery and management, having been involved in many of the most significant projects in New Zealand in recent years. We are heavily involved in the reforms, and have contributed considerable thought leadership in this area.
We work with our clients, including councils, CCOs, utilities, and major corporate water users, as business partners. We work closely with professionals at all levels of the water and wastewater industry in order to achieve effective results for clients, whether we are advising on projects or regulation, or resolving major litigation.
As a consequence of the current reforms, which are progressing as part of the Local Water Done Well policy, we are supporting a significant number of councils and Watercare to plan for, and transition to new delivery models. This includes reviewing the Bills supporting these reforms, and assisting with the development of submissions to clarify and improve the legislative frameworks that will support future water service delivery. We are involved in the front-end establishment of new water organisations, including the corporate structures that will need to be embedded ahead of transition of services and delivery obligations.
Our expertise in relation to water spans resource management, construction, regulatory, contract and commercial law, and banking and infrastructure financing.
Work Highlights
Local Water Done Well reforms
We are supporting many local authorities and corporate water entities with their development of water service delivery plans, and the development of future water service delivery models.
This work involves front-end advice and assistance with the design of decision-making processes, review of consultation material, and advice and assistance with the establishment processes that will be required as part of the transition to new models or structures. We also advise on the structuring of new delivery models and the establishment of new water organisations (and associated transfer of water assets and debt to them).
As part of this, we are supporting our clients on a range of critical transfer and risk management issues, including transitional and longer-term funding arrangements for new water organisations, and the establishment of new water financing platforms (including LGFA arrangements).
Watercare
We are a principal legal adviser to Watercare, and have advised on many of its most significant projects since its establishment. These include the procurement of the Central Interceptor Main Works project, one of the largest and most complex projects ever undertaken in New Zealand.
We also helped to secure resource consents to take a further 150MLD of water from the Waikato River through a Board of Inquiry (to secure Auckland's water supply needs until 2050).
Other notable work for Watercare includes:
- reconsenting the Pukekohe Wastewater Treatment Plant and obtaining new discharge consents for the Southwest Regional Wastewater Scheme
- obtaining a comprehensive Auckland-wide wastewater network discharge consent
- drafting the Water Supply and Wastewater Network Bylaw which replaces eight 'legacy' bylaws
- advising on wastewater charging and infrastructure growth charges; and
- advising on the financial separation from Auckland Council, and the new lending arrangements Watercare will rely on under the Local Water Done Well policy.
Environmental and planning
We work with many local authorities on project applicant work (wastewater discharges, water takes, stormwater discharge consents, maintenance works and asset protection), RMA enforcement action and policy and plan development and implementation.
Our recent work has included representing Kāpiti Coast District Council and Palmerston North City Council as applicants in relation to re-consenting upgraded wastewater treatment systems.
We have also advised New Plymouth District Council and Masterton District Council on wastewater discharge projects.
Construction
We work with many local authorities in relation to long-term water and wastewater maintenance and operations contracts (based on NZS3910, NEC and other forms of contract).
Our team recently advised Queenstown-Lakes District Council on its Three Waters Programme which consists of a large number of projects (approximately 50) that require design and construction services.
Commercial arrangements
We advised United Water (now Veolia) on the franchise establishment for the maintenance and operation of Papakura District Council's water and wastewater services (first of its type in New Zealand by a local authority).
