Simon Watt

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Simon advises government departments, state-owned enterprises, Crown entities and statutory corporations on a wide range of procurement and commercial issues, and on the regulatory frameworks that apply to them.

Simon has provided substantial advice on the commercial activities of public sector entities, including RFP and tender processes and associated probity issues. He advises on consultation and decision-making processes aimed at fulfilling public law obligations and managing judicial review risks. He works with public sector boards, advising on governance issues and has been involved in the establishment of government bodies, as well as in drafting and implementing legislation.

The country’s leading probity advisor for public sector procurement, Simon has advised on all of the Government’s public private partnership (PPP) projects. His expertise has ensured that public sector procurement processes have been successfully implemented without legal challenge and have been conducted fairly and under strict legal requirements.

Climate change law is another area where Simon is recognised as New Zealand’s leading lawyer. He is unique in the market for combining commercial, banking and finance (traded products) expertise with environmental expertise. This combination ensures clients receive workable solutions to climate change issues. He has significant involvement in major climate change issues both internationally and domestically with cross-border expertise unmatched by any other New Zealand lawyer and is internationally recognised for his work advising a number of government and parliamentary groups. He is regularly asked to comment on climate change issues in national media, and has had leading roles in regional climate change conferences. He led the climate change presentation to the 15 Pacific Island states Attorneys-General and Solicitors-General and also chaired panel sessions on carbon trading at the leading Australasian climate change and business conference and New Zealand’s first carbon forestry conference.

The Legal 500 Asia Pacific 2023 ranks Simon in the ‘Hall of Fame’ for projects and resource management (including environment). A previous edition commended on his leadership of the firm’s internationally recognised climate change group, stating it provides "strong business acumen and advice that is second to none".

Chambers Asia Pacific 2022 ranks Simon in the top tier of public law leading individuals in New Zealand and is noted for his extensive PPP experience, key social housing reform as well as complex infrastructure projects. In a previous edition, he is described as having "an outstanding grasp of procurement processes", with the same source adding: "He's very clear and pragmatic and he spends time trying to understand the outcome we're trying to achieve."

IFLR1000 2022 ranks Simon as highly regarded in M&A and project development.

Simon has been ranked by Chambers Global in climate change since 2008, and has been the only New Zealand expert included for the past seven years.

Simon was named in the 2020 LawFuel Power List, recognising New Zealand's top 50 most powerful individuals in the legal profession. LawFuel noted his "increasing influence on climate law issues".

View Simon's latest media interview here.

Work highlights

Infrastructure and projects

Public Private Partnerships (PPPs)
Probity Advisor for all of New Zealand's PPP projects, Wiri, Auckland East and Waikeria prisons, Hobsonville Point schools, the Schools Projects 2 and 3, Transmission Gully and Puhoi to Warkworth state highways.

Ultra-fast broadband initiative (UFB)
Advised Crown Infrastructure Partners (and formerly Crown Fibre Holdings), a Government-owned investment vehicle, on all process and probity issues for the procurement of the New Zealand Government's UFB initiative, involving a public and private sector co-investment and joint venture structure. This includes the extension of UFB to at least 80% of the country.

Public law

Fundraising vehicle for the National Library
Advised the Department of Internal Affairs on the use of a charitable trust as the best model to use to manage funds raised for use by the National Library of New Zealand.

Ministry of Defence ANZAC Frigate Systems Upgrade (FSU)
Advised the Ministry of Defence on its ANZAC FSU project. This is a complex project, which established contracts with a large number of suppliers while taking into account the requirements of the Ministry of Defence (the project owner), the New Zealand Defence Force and the Royal New Zealand Navy (the end user).

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

Health

COVID-19 vaccinations
Advising The New Zealand Government Vaccine Strategy Task Force, and working with officials from MBIE, MFAT, the Health Ministry, PHARMAC and The Treasury, and leading the negotiations with the COVAX global facility and multiple multi-national pharmaceutical companies to secure advance purchase agreements for COVID-19 vaccinations for New Zealand, Niue, Tokelau and the Cook Islands.

Laboratory services contract
Advised Capital and Coast Health, Hutt Valley and Wairarapa District Health Boards on a 10-year, NZ$500 million contract to outsource laboratory services from public to private sector provision.

DHB Shared Services procurement of pharmacy services
Advising DHB Shared Services on the procurement of pharmacy services by all 20 DHBs. Advised on the transition to a completely new service and funding model including advice on the policy implementation process to minimise the risk of judicial review of the process, and drafting the agreement and associated documents.

Climate change

New Zealand Emission Trading Scheme (ETS)
Advised on the proposed amendments to legislation on the alignment of the New Zealand ETS with the Australian carbon scheme.

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.

Pass-through contracts
Advising numerous clients, from all sectors, on the implications of the pass-through of carbon costs, the ability to opt in to the ETS (where applicable), and on potential commercial arrangements to ring-fence, avoid or pass through such costs.

Carbon related issues for mergers and acquisitions
Advised a large international lime business on the potential acquisition of a New Zealand lime business, including the carbon-related aspects of the proposed transaction.