With the introduction of an emissions trading scheme in New Zealand, climate change has become a key influence on the business landscape. Bell Gully is the only New Zealand law firm named in the top 12 international climate change legal practices and the firm's climate change practice leader Simon Watt is the only New Zealand lawyer named in the top 10 worldwide climate change legal advisers, by Chambers Global Guide 2010.

Our firm has a significant history of involvement with climate change issues in New Zealand and has advised clients on matters ranging from carbon trading to renewable energy and major infrastructure projects. We combine leading climate change legal expertise with advice on all areas of law impacted by the regulation and reduction of greenhouse gas emissions: carbon trading, tax, capital markets, corporate, environmental, commercial, forestry, Maori-related issues, electricity/energy and litigation.

With changes to the regulatory environment continuing, we assist clients to monitor policy changes and have their say on proposals relevant to their business. We have a deep understanding of the legislation already in place, and were involved in drafting parts of the Climate Change Response Act, New Zealand's core climate change legislation.

As new carbon markets spring up our understanding of the emerging framework for carbon trading offers our clients an advantage. We advised the Ministry for the Environment on commercial legal issues associated with the development of the emissions trading scheme, which built on the firm's previous advice to the Ministry of Economic Development in 2000/2001 on the design of the legal framework for an emissions trading market.

We have a significant domestic and international carbon trading practice. Our clients include pioneers in the emissions trading market and we have advised on the world's first avoided deforestation project, and performed the first trade in New Zealand's Emissions Unit Register.

We have significant experience with renewable energy projects such as wind farms and have advised clients on the rights to carbon credits allocated by the Crown for projects, and the trading of those credits. We have also advised a range of clients in other industries, including manufacturing, forestry, wine, electricity, gas, mining, financial services, transport and construction, on the implications of New Zealand's emissions trading scheme, rights to receive carbon credits and compliance liabilities.

We also advise a range of international clients, including global investment banks, the Government of Aceh province in Indonesia, and we have advised the Parliamentary Working Group on climate change in Bangladesh.

Our practice recognises our clients' need to remain at the leading edge of legal developments as they develop both competitive and regulatory responses to the challenge of climate change.

For the third consecutive year, Bell Gully remains the only New Zealand law firm ranked globally for its climate change work, with Chambers Global 2010 quoting clients as describing Bell Gully as "the global go-to firm in New Zealand for climate change".

Our climate change team includes:

Simon Watt - practice group leader and adviser on all aspects of climate change
Ian Gault - dispute resolution of contractual provisions
Willy Sussman - carbon and other taxation aspects
David Craig - emissions trading, hedging, impact on financing documents
Garry Downs - contracts and electricity/energy sectors
Clive Taylor - contracts and forestry sector
Kate Radka - adviser on all aspects of climate change
Marija Batistich - resource management aspects

Ian Gault

Ian Gault

Ian specialises in commercial dispute resolution, particularly in intellectual property, competition law, international trade, insurance and public law.

PARTNERS

Simon Watt

David Craig

Garry Downs

Ian Gault

Mark O'Brien

Willy Sussman

Clive Taylor

SENIOR ASSOCIATES

Marija Batistich

Kate Redgewell

Key Work

  • New Zealand's Emissions Trading Scheme
    Sole legal adviser to New Zealand's Ministry for the Environment on commercial legal issues associated with the development of the proposed Emissions Trading Scheme (ETS) in New Zealand.
  • Development of carbon trading platform
    Advised New Zealand's Ministry of Economic Development on legislative changes required to enable the New Zealand Stock Exchange to establish a carbon trading platform for the purpose of exchange trading Kyoto-compliant emission units.
  • World's first carbon deal for avoided deforestation
    Advised the Government of Aceh (Indonesia) on a deal which will protect Aceh's rainforests from logging for up to NZ$1 billion in carbon credits over the next 30 years. This is the world's first carbon deal for avoided deforestation.
  • International trading of ERUs
    Advised an international investment bank on the purchase agreement for the proposed sale of 250,000 Emission Reduction Units (ERUs) from a New Zealand wind farm for the purposes of on-selling in the EU emissions trading market.

Key Publications