Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

“A standout trait of Simpson Grierson is that every material banking transaction has a banking partner assigned to it who is intricately involved,” says a client. The same client adds: “I view the level of service at the firm to be collaborative and one of a trusted adviser.”

Star partner Andrew Harkness is recognised as a leading banking and finance lawyer and is, says a client, “an expert at covering leveraged finance and other complex lending transactions”.

Last year’s highlight was advising UniCredit Bank AG on a US$2.49 billion syndicated lending. The transaction included the merging through bespoke legislation of eight separate security trust and debenture trust deeds into one replacement debenture trust deed for Auckland Council.

“Simpson Grierson is fully conversant with the detailed technical requirements of New Zealand mergers and acquisition laws,” says one client. The team has once again enjoyed a strong year and retains its top tier status.

Highly regarded partner Michael Pollard is described by a partner at a rival law firm as “a future up-and-coming pillar of the New Zealand legal profession”.

The firm acted as lead counsel to the Auckland Transition Agency, together with the relevant local authorities tasked with planning and managing the amalgamation of Auckland’s seven city and district councils and regional council, to establish new unitary authority Auckland Council. The amalgamation is easily the largest in New Zealand’s history with a US$24.5 billion asset base and annual capital expenditure of approximately US$2.5 billion.

“Simpson Grierson has a high level of knowledge and expertise on New Zealand legal matters, especially with real estate work”, says one client. Constantly involved with some of the largest transactions, “the firm produces high quality work and is on par with other first tier firms”, says another client.

Possessing some of the very best lawyers in practice, partners Graeme Christie and Mike Weatherall are, according to one competitior, “the two outstanding practitioners for the team”.

The team advised developer Pelago on the US$830 million Victoria Quarter development adjacent to the Auckland central business district (CBD). The 2.9 hectare development is the largest redevelopment site in the CBD and one of the largest commercial developments being undertaken in New Zealand.

The firm also advised Fletcher Construction in rebuilding Christchurch homes following the earthquake. This is one of the most significant building projects in New Zealand involving billions of dollars.

“Simpson Grierson has a high level of knowledge and expertise on dispute resolution matters”, says one client. “We only use Simpson Grierson because it produces high quality work and is on a par with the other top tier firms.”

The dispute team works closely with other specialist groups in the firm to provide strategic advice on risk management, and to ensure the cost-effective and timely resolution of disputes. The firm acted for Westpac Banking Corporation on a High Court proceeding commenced by Yandina Investments. Yandina claimed that Westpac, together with ANZ National and BNZ Investments, breached equitable obligations to the sum of US$60 million.

Simpson Grierson’s energy and natural resources practice is “thorough, practical and realistic”, says a competitor. It is led by Wellington partners Dave Trueman and Elisabeth Welson, who are widely acknowledged as market leaders and are noted for their breadth of experience and ability to handle complex issues.

Advising New Zealand Oil and Gas (NZOG) on its stake in Pike River Coal, the Simpson Grierson team assisted NZOG with negotiation, drafting documentation, regulatory approvals and overall strategic advice on the transaction.

Another notable transaction was acting for OMV New Zealand on litigation proceedings brought by Todd Corporation, which claimed various breaches of a joint venture operating agreement by Shell and OMV.

“Simpson Grierson’s legal expertise is excellent. I would characterise its advice as practical and well informed”, says one client.

Practice head Earl Gray is noted by one client as “outstanding, and has great commercial acumen and an innovative approach”. Competitors are also impressed, saying: “Earl’s advice is both legally sound, as well as highly practical.”

The Simpson Grierson team’s strength in depth extends to partner Richard Watts, who is also commended by clients for his “strong knowledge of local law and the broader media, entertainment and communications industry, with a commercial focus on achieving outcomes”.

The firm advised Specialized Bicycle Components on a matter involving copyright infringement and breach of contract claims against a former distributor in relation to bike glove and bike frame designs. The case examined the interplay between copyright and contract, and raised issues of bridging benefits from a distributorship relationship.

“Simpson Grierson is a major law firm in New Zealand with a high level of expertise in technology related matters”, says one client. The firm’s practitioners “are prepared to be flexible when needed”, and “have always provided us with the advice that we need” says another client.

“Don Holborow and his team are highly professional and very technically sound”, notes another client, who described fellow partner Karen Ngan as “an extremely capable and diligent lawyer”.

The firm advised Kordia on the joint venture arrangements, supply and construction contracts, and long term right-of-use agreements in the US$158 million OptiKor Trans-Tasman fibre optic cable project.

Simpson Grierson also advised the Central Fibre Consortium, which contained Unison Networks, Horizon Energy Distribution, Eastland Group, Counties Power and Centralines, on its participation in the ultra-fast broadband project for regions covered by the consortium members.

“Simpson Grierson’s labour practice is good and willing to reach a client’s desired outcome,” says one client. The team is instructed by many of New Zealand’s leading organisations in both the private and public sectors, and enjoyed another strong year.

For example, the firm acted on the largest employment law transaction when it advised the Auckland Transition Agency. The Agency is the statutory establishment board that was established to manage and implement the amalgamation of Auckland’s eight territorial local authorities.

The firm’s team also represented the University of Auckland before the Employment Relations Authority, defending an unjustified disadvantage claim brought by an associate professor in the medical school in relation to a warning that was issued to him.

Stuart Hutchinson is the sole partner at Simpson Grierson’s tax division, but he works closely with experienced senior associates Paul Windeatt, Barney Cumberland and Nicholas Bland to maintain the firm’s highly reputed tax practice. The team specialises in corporate and commercial taxation, structuring and tax disputes.

The firm provided tax advice to New Zealand’s largest local government authority, Auckland City Council, prior to its amalgamation into Auckland Council. The ongoing advice to Auckland Council covers various income tax, GST and gift duty issues relating to the Council’s activities and those of its subsidiary entities.

The firm also acted for Toll Group (New Zealand) in opposing tax assessments by the New Zealand tax authority.