Climate Change

With debate on global warming fast giving way to political action, 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 2008.

Our firm has a significant history of involvement with climate change issues in New Zealand and has advised clients on matters ranging from carbon asset trading to renewable energy projects.  We combine leading climate change legal expertise with advice in all areas of law impacted by the regulation and reduction of greenhouse gas emissions: tax, capital markets, corporate, property, finance, environmental, trade, commercial, marketing and sales, and litigation.

With changes to the regulatory environment gathering pace, 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. In 2000, the Ministry of Economic Development commissioned Bell Gully to design the legal framework for an emissions trading market. Our clients include pioneers in the emissions trading market and we have advised on transactions on the Chicago Climate Exchange.

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 the Government's climate change policies on their options for obtaining carbon tax exemptions or rights to carbon credits.

Climate change has become a material issue in many transactions and investments.  We have expertise in drafting commercial contracts that identify and quantify carbon-related risk and correctly allocate liability for carbon tax or confer entitlement to carbon credits under future climate change policies.

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.

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
Damian Stone - forestry sector, impacts on Maori
Marija Batistich and Josh McBride - resource management aspects