David has advised many of New Zealand’s leading private sector property organisations, Government Departments, iwi organisations and Local Authorities on nationally significant projects across a range of industry areas, including infrastructure (roading, rail, ports and hydro-schemes), transport (haulage and motor vehicle), major Government Developments (David has pre-eminent experience in advising the private sector on major Government office developments), tourism and hospitality, forestry and large-scale construction and development projects.
David is Bell Gully’s lead projects and real estate partner in Wellington and specialises in the structuring, procurement and delivery of large-scale development projects and real estate transactions around New Zealand.
David has a wealth of negotiating experience, including in the highly political Te Tiriti o Waitangi / the Treaty of Waitangi (Te Tiriti) settlement area, and acted for Ngāi Tahu on its historic Treaty Settlement and as legal advisor to the Government on the "Treelords" Central North Island Forests Settlement.
David's strength is to contribute his negotiating and legal experience in a straight forward way to facilitate transactions and obtain commercially valuable outcomes for clients. This is recognised by Asia Law Business who has described him as "client-focused, outcome focused and having vast experience in projects."
Chambers Asia Pacific 2023 ranks David as a leading lawyer in real estate. In a previous edition, David was also ranked as a leading lawyer for real estate in Chambers Asia Pacific 2022, recognised for his “active practice assisting clients in relation to development and redevelopment projects." Clients noted that David is “very experienced, innovative and detail-focused, and he has the ability to convey a wide range of thoughts clearly." In previous editions, clients have commented that David is "a very practical and commercial lawyer" who is praised for his ability in both property transactions and construction matters.
The Legal 500 Asia Pacific 2023 ranks David as a leading individual for real estate and construction and recommends him in the 'projects and resource management (including environment)' category. David is also recognised as a 'Practice head' in transport.
David is also recognised as highly regarded for his project development work by the IFLR 2022.
David is recognised by Doyles Guide 2021 as a preeminent lawyer for Construction, Projects and Infrastructure in New Zealand. Doyle’s Guide 2020 also recognised David as recommended in Māori Land & Treaty of Waitangi Law.
Work highlights
Tainui Group Holdings
Advised Tainui Group Holdings on its completed purchase of a half share in Centre Place North, a large retail shopping centre in central Hamilton, as part of a complex joint venture arrangement with Kiwi Property, and on its completed deal for a new office build accommodation for the Accident Compensation Corporation in Hamilton City.
Precinct Properties
Advised Precinct Properties on its significant office redevelopment projects in the Central Government Precinct, Wellington, including finalising the development of Defence House and MPI House and the construction of two new buildings in the precinct, and on the sale of Pastoral House, Wellington.
Let’s Get Wellington Moving
Advising Let's Get Wellington Moving (LGWM), a NZ$7.4 billion transformational city-shaping programme for Te Whanganui-a-Tara, Wellington. LGWM is a wide-ranging programme, including what will be Wellington's largest transport and urban development infrastructure project, expected to run for 10 years, and incorporates a number of projects to improve transport around Wellington, including a new mass rapid transit system through the city, a new tunnel into the city, the redevelopment of a number of roads and a range of other transport improvements.
RiverLink Alliance
Advising Greater Wellington Regional Council on its participation in the RiverLink Alliance – a new, innovative NZ$700 million plus partnership between Hutt City Council, Greater Wellington Regional Council and Waka Kotahi NZ Transport Agency to deliver flood protection works as well as urban development and transport improvements, and one of the largest projects in the Wellington region.
Development of Port Marlborough
Advising Port Marlborough on its nationally-significant proposed project to fully redevelop Port Picton to accommodate New Zealand’s future interisland freight and passenger services between the North and South Islands, including the development/redevelopment of wharves, terminal facilities, commercial areas and freight and passenger marshalling areas over the port area.
Advised Port Marlborough on strategic business initiatives, including arrangements with local iwi on foreshore, reclamation and development opportunities.
Central Government precinct development
Advised Precinct Properties on its significant Central Government Precinct development, providing 80,000 sqm of office space adjacent to Parliament, including the construction of 40 and 44 Bowen Street, the recently announced new build development at 61 Molesworth Street, the redevelopment of Bowen State Building as Defence House, the redevelopment of Charles Fergusson Building as MPI House, the redevelopment of Mayfair House and the Dunbar Sloane Building, and on the sale of Pastoral House, Wellington.
Tainui Group Holdings strategic property projects
Advised Tainui Group Holdings on a nationally-significant and highly strategic project to develop an inland port at Ruakura, including the joint venture agreement between TGH and Port Tauranga for development, construction and co-investment in the project, strategic negotiations with industrial and logistics tenants and providing ongoing advice on Tainui’s strategic interests.
Advised Tainui Group Holdings on its completed purchase of a half share in Centre Place North, a large retail shopping centre in central Hamilton, as part of a complex joint venture arrangement with Kiwi Property, and on its completed deal for a new office build accommodation for the Accident Compensation Corporation in Hamilton City.
Ngāi Tahu strategic property projects
Advised Ngāi Tahu Property Limited Property on its “partnering agreement” with Queenstown Lakes District Council to redevelop an area in central Queenstown and various major property and infrastructure development projects and joint ventures throughout New Zealand, including the administration of Te Rūnanga o Ngāi Tahu’s statutory right of first refusal.
Wellington civic projects
Advised Wellington City Council on a number of nationally significant projects, including the new Convention and Exhibition Centre, the extensive Civic Precinct Redevelopment Project and the redevelopment and seismic strengthening of the Wellington Town Hall (including the establishment of a national “Music Hub” in collaboration with Victoria University of Wellington and the New Zealand Symphony Orchestra).
Department of Corrections projects
Advised Department of Corrections on the construction of a $100 million prisoner accommodation facility at Mt Eden Prison.
Advised the Department of Corrections on a national Asset Management and Facilities Management Services contract to deliver efficient and sustainable asset and facilities management services across the Department of Corrections’ and Ministry of Justice’s national property and asset portfolios (essentially all prisons, prison facilities, Courts and other justice buildings throughout New Zealand – a combined estate valued at over $4 billion), considered to be one of the most significant outsourcings by the New Zealand Government in recent years.
Tauranga civic projects
Advised Tauranga City Council on its significant Civic Building programme to transform the heart of Tauranga City, including a number of major TCC led developments, including new Council Building, Museum, Performance Venue and Hotel.
New Palmerston North office build
Advised Horizons Regional Council on the development agreement with the IRD for a new build office building in Palmerston North. The building will be the first in Palmerston North to completely meet stringent new seismic performance measures.
New Taupo municipal office building
Advised Taupo District Council on a new municipal office building development.
Hotel redevelopment and sales
Advised Host Hotels & Resorts (the US's largest hotel accommodation company) on its New Zealand hotel portfolio, including the redevelopment of the Novotel Hotels in Christchurch and Queenstown and the subsequent sales of all of its properties in New Zealand.
Public housing
Advised HNZ on the Government's social housing programme and associated commercial contracting and transition issues relating to the proposed transfer to Tamaki Redevelopment Corporation of up to 2,800 HNZ properties in Tamaki, Auckland, as well as on all aspects of the procurement of maintenance and repair services to its entire portfolio of 69,000 homes, under a comprehensive performance maintenance contract with a core contractual value of over NZ$1 billion.
ANZ strategic property projects
Advised ANZ on its strategic property projects throughout the country, including the ANZ Centre development in Christchurch, and acquisition and development and construction of ANZ's new data centre in Albany, the NZ$150 million redevelopment of the ANZ Centre in Auckland, and on the redevelopment of the former Telecom Head Office Wellington (to accommodate ANZ's consolidated Wellington office and call centre).
LT McGuiness construction contracts
Advised LT McGuiness on its construction contract for the construction and development of Clyde Quay in Wellington, including significant marine environment issues.
Central North Island Forests iwi settlement
Advised the New Zealand Government on the Central North Island Forests iwi settlement (Treelords). This was the first, and arguably the largest ever, collective settlement (approx value of NZ$500 million) relating to the Central North Island forestry estate (approx 185,000 ha involving eight separate forests).
KiwiRail outsourcing
Advised KiwiRail (then Tranz Rail) on the $400 million outsourcing (including alliancing) of all of its engineering divisions, including track infrastructure, locomotives, rolling stock and telecommunications.
