Our Work

Public Private Partnerships (PPP)
Advised the National Infrastructure Unit / The Treasury in connection with their proposed model form of project agreement for PPPs. Bell Gully are lead legal advisers to the Department of Corrections on the first central government PPP project in New Zealand and are also advising the Ministry of Education on its proposed Hobsonville Schools PPP project.

Ultra-fast Broadband Initiative
Advised Crown Fibre Holdings Limited, a Government owned investment vehicle, on the New Zealand Government's ultra-fast broadband initiative. Bell Gully's role included advising on the conduct of the competitive procurement process, leading all of the contract negotiations with eight bidding parties, contracting, company structuring and other issues. This included negotiations, governance and pre-structural separation aspects of the investment by Crown Fibre Holdings of up to NZ$929 million of complex debt and equity instruments into Chorus, the company spun out of Telecom Corporation of New Zealand.

Submarine cable
Advised REANNZ on its procurement of an anchor tenancy on the international submarine fibre cable network to be built by Pacific Fibre. REANNZ is a Crown-owned, Public Finance Act Schedule 4 company.

Auckland Transport
Advised Auckland Transport, an Auckland Council controlled organisation responsible for Auckland's public transport system, on local government funding and public transport procurement. Our work includes advising Auckland Transport on the redevelopment of railway stations, on all aspects of the integrated fares smartcard system network with the Thales international consortium and on Auckland Transport's joint procurement, with KiwiRail, of Electric Multiple Units (EMUs).

Collective procurement
Advised the Ministry of Economic Development on the first year of its collective procurement of commoditised products on behalf of all Government agencies. Bell Gully's role included supporting parallel negotiations with 24 suppliers.

NZAID procurement review
Provided high-level advice changing the way NZAID (a division of the Ministry of Foreign Affairs and Trade) will conduct its NZ$500 million a year international aid funding and procurement programme following Bell Gully’s complete review of its procurement process and contract templates.

District Health Boards New Zealand and Health Benefits Limited
Advised Crown entities on their powers and functions under their enabling legislation, including recently advising the Ministerial Review Group on the transfer of functions between entities in the context of establishing the National Health Board and transferring collective procurement functions from the 20 District Health Boards to Health Benefits Limited.

New Zealand Transport Agency
Advised New Zealand Transport Agency on its national smartcard network system project for public transport fares, including national interoperability standards and requirements.

Syndicated procurement
Advised the Department of Internal Affairs on the syndicated procurement by an initial cluster of seven government agencies of telecommunications services to replace the Government Shared Network, including the sale of the existing network assets.

New Zealand Superannuation Fund's joint venture deal with Infratil
Advised the Guardians of New Zealand Superannuation on a NZ$700 million joint venture deal with Infratil for the acquisition of Shell New Zealand's refining and downstream business, now known as Z Energy.

PHARMAC
Legal advisers to PHARMAC (New Zealand's drug buying agency) since its establishment, with recent work including advising:

• On the negotiations relating to the United States joining the Trans-Pacific Strategic Economic Partnership, a regional free trade agreement to which New Zealand is a signatory.
• On tender documentation for sole supply of medicines (which has generated savings of NZ$300 million in the last eight years).
• In a six day judicial review of its three decisions surrounding the funding of Herceptin and an earlier hearing seeking interim orders.
• In a judicial review proceeding concerning the validity of a section 98 notice issued by the Commerce Commission against a pharmaceutical supplier.
• In a five day High Court hearing in relation to the interpretation of a pharmaceutical contract.

AsureQuality
Advised state-owned enterprise AsureQuality on the merger of its Proficiency business unit with LabChek to form a new joint venture proficiency testing company. We were also independent adviser on the merger of two state-owned enterprises to form AsureQuality. The successful merger of AgriQuality and Asure New Zealand required passage of a bill into law, as well as Cabinet approval based on a business case proving its benefits.

Environment Canterbury
Advised Environment Canterbury on its tender process and agreement for a replacement public transport integrated ticketing system for the Canterbury region with init AG, a leading German supplier of electronic ticketing solutions.

Te Arawa Treaty of Waitangi settlement with the Crown
Acted for Te Arawa on its Treaty of Waitangi settlement with the Crown. This settlement was challenged by two major Maori organisations (New Zealand Maori Council and Federation of Maori Authorities). Bell Gully successfully defended the settlement in both the High Court and the Court of Appeal. A subsequent appeal to the Supreme Court was withdrawn following the Central North Island Treaty settlement. This case is seen as a very important constitutional case concerning the relationship between Maori and the Crown and, in particular, whether the Crown owes Maori generally a fiduciary duty.

New Zealand's Emissions Trading Scheme
Legal adviser to the Ministry for the Environment on commercial legal issues associated with the detailed design of the Emissions Trading Scheme (ETS) in New Zealand. Bell Gully also advised the Ministry of Economic Development on legislative changes required to enable NZX, the New Zealand Stock Exchange, to establish a carbon trading platform for the purpose of exchange trading of Kyoto-compliant emission units.

New Zealand Thoroughbred Racing Inc (NZTR) re-write of Rules of Racing
NZTR is the governing body of thoroughbred racing in New Zealand and has a legislative right to implement Rules to govern thoroughbred racing in New Zealand. Bell Gully assisted NZTR to re-write its Rules (delegated legislation) and carry out the related consultation process with all interested parties for the proposed amendments to the Rules.

Ministry of Health contracting for supply of pandemic influenza vaccine
Advised the Ministry of Health on contractual issues around securing supply of prototype and pandemic vaccine in the event of an influenza pandemic.

New Zealand Trade and Enterprise (NZTE)
Advised NZTE on the Crown entity governance framework, directors' duties, accountability and reporting obligations, on various cooperative industry initiatives and on issues arising from NZTE's selection criteria for funding of various industry initiatives.

Ministry of Defence
Advised the Ministry of Defence on the upgrade of the Royal New Zealand Navy's ANZAC frigates, acquisition of light operational vehicles for the New Zealand Army and negotiation of the long term support agreement for those light operational vehicles, modification of the Boeing 757s owned by the Crown and operated by the Royal New Zealand Air Force, and the acquisition of the seven vessels which make up Project Protector for the Royal New Zealand Navy.