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Partner
Senior Associate
Driven by increasing demand for connectivity, cloud based services and emerging technologies, digital infrastructure now underpins large parts of the New Zealand economy.
Globally, the digital economy is the fastest-growing sector, with greenfield investment nearly tripling since 2020 to exceed $600 billion in 2024. It is a highly attractive asset class for investors and a key investment decision for businesses aiming to optimise and streamline their operations.
Digital infrastructure encompasses two overlapping categories:
- Infrastructure that supports the storage, processing, and transmission of digital information, such as data centres, high-speed broadband networks and other communications infrastructure.
- Physical assets and infrastructure that are increasingly integrated with and dependent on digital elements for their operation.
Our market-leading team advises on New Zealand’s most significant digital infrastructure transactions and procurements across both private and public sectors.
We offer comprehensive expertise across all aspects of digital infrastructure projects, including:
- equity investments into digital infrastructure operators
- key commercial agreements, including services agreements, software licensing, and operations and maintenance agreements
- build and construction agreements
- debt financing
- Overseas Investment Act consent processes
- competition and regulatory
- corporate and tax structuring
- intellectual property, privacy and data protection
- land acquisition, tenure and access arrangements, and
- planning and consenting.
See how we've helped our clients
- Lead legal adviser to Chorus, New Zealand’s leading fibre telecommunications company, on all external legal matters. This includes advising on all arrangements with National Infrastructure Funding and Financing (formerly Crown Fibre Holdings/ Crown Infrastructure Partners) since 2011 for Chorus’ multibillion-dollar ultrafast fibre-to-the-premises network rollout, its participation in Rural Broadband Initiatives, property infrastructure arrangements and telecommunications regulatory obligations.
- Advised Southern Cross Cables on its new SXNEXT submarine cable from Australia to the United States with spurs to New Zealand, Fiji and Kiribati, including construction contracts, IRUs and project financing.
- Advised Maritime New Zealand on the tender process and contracts for construction and maintenance of a ground station and IT system forming part of the global MEOSAR satellite network, which monitors and relays signals from emergency distress beacons.
- Advised on New Zealand tax aspects and structuring of submarine cable and satellite networks, including income tax treatment, transfer pricing arrangements, withholding tax and GST implications.
- Advised Ontario Teachers' Pension Plan on:
- the partial sale of interests in Connexa, a leading provider of mobile infrastructure in New Zealand, to Caisse de dépôt et placement du Québec for NZ$909m.
- the acquisition of Spark’s passive mobile network towers business for approximately NZ$1.115b, to create Connexa, and associated long-term service arrangements.
- Advised Connexa on the acquisition of:
- ATC New Zealand, American Tower Corporation’s platform for land under mobile towers and rooftop-based mobile sites in New Zealand.
- 2degrees' passive mobile network tower assets for approximately NZ$1.076b, and associated long-term service arrangements.
- Advised Northleaf Capital and InfraRed Capital Partners on the $1.7b acquisition of One New Zealand’s passive mobile network to create FortySouth.
- Advised The Ministry of Health and Health New Zealand – Te Whatu Ora on a range of major regional hospital construction and redevelopment projects (Christchurch, Burwood, Greymouth, Dunedin and Nelson), including procurement, digital infrastructure procurement and the establishment of delivery partner panels for design and project delivery.
- Advised Airways with licensing, implementation and long-term support contracts for the replacement of its Air Traffic Management System, a five-year, $60m capital project.
- Advised Auckland Airport on the procurement and operation and maintenance of a new $165m individual carrier system for baggage handling and associated software.
- Advised Napier Port on the procurement and integration of autonomous container moving vehicles as part of its port operations and the long-term support service arrangements for the software and performance of the autonomous vehicles.
- Advised CDC Data Centres on data centre procurements in New Zealand.
- Advised CDC Data Centres on its contractual arrangements with technology providers and key tenants.
- Advised New Zealand corporates, including banks, on their data centre services agreements, including on security and capacity requirements, as well as compliance with regulatory and prudential supervision regimes.
- Advised Infratil on matters relating to its investment in CDC Data Centres, including governance arrangements with its co-shareholders Commonwealth Superannuation Corporation and the Future Fund.
- Advised on New Zealand tax aspects of acquisition, construction and operation of data centres including obtaining advance pricing agreements from Inland Revenue (as well as providing more general transfer pricing advice), advising on permanent establishment considerations, withholding taxes and GST.
