Tom Fail

Consultant Mātanga Hāpai

Tom is a leading expert in projects, project finance and banking specialist with more than 25 years experience advising on complex, high-value major projects across New Zealand and wider Asia Pacific region. He is trusted by governments, sponsors and lenders to structure and deliver bankable projects, with deep experience in the energy and infrastructure sectors. His track record spans public and private project finance transactions, including major PPPs, where he is valued for bringing commercial clarity and momentum to complex deals.

Tom is recognised for his ability to see the full picture – combining deep expertise in financing structures with a practical understanding of project delivery and stakeholder drivers. He has a strong grasp of the contractual matrix underpinning major projects and is highly effective at aligning commercial, legal and funding outcomes. This enables him to identify and resolve issues early, helping clients navigate risk and keep transactions on track.

In addition to his projects work, Tom has extensive experience across a wide range of financing transactions, as well as advising on large-scale corporate matters, including energy sector M&A and complex commercial arrangements.

Clients value Tom for his pragmatic, solutions-focused approach and his ability to turn complexity into executable outcomes, particularly on transactions where structuring, stakeholder alignment and bankability are critical to success.

Career highlights

Acting as borrower counsel for Lodestone Energy on its project financing of a solar energy project portfolio.

Acting for Far North Solar Farm Limited on its financing with New Zealand Green Investment Finance to finance grid connection infrastructure and broader development activities required across five sites within its national solar development portfolio.

Acting as project counsel for the Transmission Gully PPP project on general matters and on claims and Covid-19 settlement matters.

Acting as debt counsel on Crown Infrastructure Partners Limited’s “Project One” (which was the introduction of a new way to finance and fund bulk infrastructure).

Acting for banks, sponsors, bidding consortia, project vehicles and/or contractors on the Hobsonville Schools PPP, Schools 2 PPP, Schools 3 PPP, Wiri Prison PPP, Auckland East Prison PPP, P2Wk PPP and the Transmission Gully PPP. Also acted for the banks on the Tauranga and Christchurch social housing reform programme and the Tamaki Regeneration Project financing bidding consortia.

Achievements and recognition
  • Recognised, Banking 2024, Project Finance 2024, Global Leader Banking- Finance 2023, Global Leader Project Finance 2023, National Leader Australia & New Zealand Banking 2022, National Leader Australia & New Zealand Project Finance 2022
  • Leading Partner, Project Finance, and Banking and Finance, AsiaLaw