Expertise and Experience
David specialises in real estate transactions, commercial property developments and leasing, infrastructure projects and services contracting.
Over many years, he has assisted New Zealand and overseas clients to successfully structure, negotiate, contract and complete some of New Zealand's most notable real estate and commercial transactions.
David's clients have included some of New Zealand's largest companies (including leading listed entities), Iwi (Māori) organisations, Public sector entities (Central and local Government), as well as many overseas entities and private investors. He has advised on nationally significant projects across a range of industry areas, including commercial and industrial real estate, infrastructure (roading, rail, ports and hydro-schemes), transport (haulage and motor vehicle), tourism and hospitality, forestry and large-scale construction and development projects.
David is an astute and successful negotiator. He has a long track record of assisting his clients to achieve commercially valuable outcomes in their project and transaction negotiations. His wealth of negotiating experience includes the highly political Te Tiriti o Waitangi / the Treaty of Waitangi (Te Tiriti) claims settlement area - including acting as a negotiator for Ngāi Tahu on its historic Treaty Settlement and as lead external legal advisor to the Government on the "Treelords" Central North Island Forests Settlement - New Zealand's largest and most comprehensive Treaty of Waitangi Settlement to date (involving the Crown's divestment of approximately 185,000 hectares of forest land to a collective of nine Iwi).
David's experience and negotiating strengths have been recognised by many legal directories. Asia Law Business has described him as "client-focused, outcome focused and having vast experience in projects."
Chambers Asia Pacific 2024 ranks David as a leading lawyer in real estate. The Legal 500 Asia Pacific 2024 also ranks David as a leading individual for real estate, construction and transport (rail, road, air and sea), and recommends him in the 'projects and resource management (including environment)' category.
David is also recognised as 'highly regarded' for his project development work by the IFLR1000 2024.
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 Maori Land & Treaty of Waitangi Law.
Examples of David's experience include:
Hotel Portfolio Acquisition, Redevelopment and Divestment
Advised Host Hotels & Resorts (the largest hotel accommodation companies in the United States) over a number of years on its acquisition of a New Zealand hotel portfolio (reported to be the largest New Zealand Hotel transaction then to date), its redevelopment of a number of these hotels (including in response to the Christchurch earthquakes) and, ultimately, Host's divestment of the entire portfolio.
Wellington Government Accommodation Projects - Precinct Properties
Advised Precinct Properties on the redevelopment and leasing of over 120,000 sqm of office space over a number of commercial properties in central Wellington , including the redevelopment of Defence House, the redevelopment of Ministry of Primary Industries House, the construction and leasing of 40 and 44 Bowen Street (new builds), the development and leasing of Ministry of Foreign Affairs and Trade's new head office at 61 Molesworth Street (new build), the redevelopment of Bowen State Building, the redevelopment of Mayfair House and the Dunbar Sloane Building. These transactions form part of Precinct's "Wellington Government Accommodation Project", reported to be New Zealand's largest-ever overall commercial office leasing project.
New Ferries Project - Revelopment of Port Marlborough Ferry Precinct
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. David has also advised Port Marlborough on strategic business initiatives, including arrangements with local iwi on foreshore, reclamation and development opportunities, as well as many Port area and Marina development projects and Port operations contract matters.
Port Marlborough projects
Advised Port Marlborough on many projects and matters over the years, including:
- a long term infrastructure leasing and operations agreement with Strait Shipping
development and leasing agreements relating to its holdings at Port Picton and Port Havelock
- joint venture agreements
- a strategic partnership with local Iwi, Te Atiawa o te Waka a Maui
- its various Port operations and businesses, including in relation to its export forest logging operations at Shakespeare Bay, Picton
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.
National Rail Outsourcing Project
Advised KiwiRail (then Tranz Rail) on its approximately $400 million outsourcing of all of its engineering divisions, including track infrastructure, locomotives, rolling stock and telecommunications divisions. At the time over 2000 - 2003), this was one of New Zealand's first major projects to use alliance contracting (as part of the contracts negotiated with successful bidders).
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.
Wellington Local Government Projects
Advised Greater Wellington Regional Council on a number of its key transport and infrastructure projects, including its acquisition and redevelopment of significant industrial land sites for its bus operatons, and its negotiations with Goverment (Land Transport Authority) and Hutt City Council on the "Riverlink Project" - a nationally significant integrated flood protection and transport interchange project.
Advised Wellington City Council on a number of significant Wellington City 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).
RiverLink Alliance
Advised Greater Wellington Regional Council on its participation in the RiverLink Project – a NZ$700 million plus project 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.
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.
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 (New Zealand's 2013 construction project of the year), and on the redevelopment of the former Telecom Head Office Wellington (to accommodate ANZ's consolidated Wellington office and call centre).
New Palmerston North office build
Advised Horizons Regional Council on a comprehensive development agreement with the IRD for a new build, seismically resilient office building in Palmerston North.
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.
NZ Government National Cycleways Project
Advised the New Zealand Government in relation to its National Cycleways Project - a Government economic growth initiative following the Global Financial Crisis to assist regional economic growth and tourism and which culminated in 18 iconic cycleways forming the "Great Rides of New Zealand". David was appointed as lead external legal adviser to the Project and was a member of the Technical Advisory Group which led the procurement, selection and construction funding of the cycleways.
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).
Ngāi Tahu
David acted extensively for Te Runanga o Ngai Tahu in its historic Treaty of Waitangi Settlement with the New Zealand Government. He was one of the economic redress negotiators, assisting Ngai Tahu to successfully negotiate the payment of $170M redress as part of the Settlement, as well as the transfer from the Crown to Ngai Tahu of:
- extensive exotic and native forestry land holdings throughout the South Island;
- high country pastoral farmland holdings, including at Greenstone, Caples Valley and Elfin Bay, near Queenstown;
- the Crown's interest in significant Crown properties in Christchurch, Dunedin and Queenstown including Court/Justice and Police Buildings subject to long term leases back to the New Zealand Government.
David also played a prominent role in formulating and negotiating the grant by the Crown to Ngai Tahu of an enduring first right of refusal to purchase Crown land throughout most of the South Island (within Ngai Tahu's "takiwa" or territory). This included David leading the drafting of the formal right of first refusal grant in both Ngai Tahu's Deed of Settlement and in part 9 of the Ngai Tahu Claims Settlement Act 1989.
David has advised Ngai Tahu on many real estate transactions and developments, as well as in relation to various matters and transactions relating to Ngai Tahu's right of first refusal.
Housing New Zealand Projects
Advised Housing New Zealand 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.
New Palmerston North office build
Advised Horizons Regional Council on a comprehensive development agreement with the IRD for a new build, seismically resilient office building in Palmerston North.
