Tom Fail

Consultant Mātanga Hāpai

Tom is a recognised leading expert in projects, project finance and banking, with more than 25 years experience working in New Zealand and Asia. He has advised governments, sponsors and lenders on various public and private project finance and PPP deals, with a long track record in the energy sector (domestically and internationally).

He is well regarded for his understanding of what makes projects bankable, his understanding of the commercial documents, what various stakeholders need and also for his ability to solve project and financing issues. This gives him the ability to advise clients based on a real understanding of the entire project and its contractual matrix.

Tom also has extensive experience advising on a wide range of financing transactions. He has also advised on large corporate transactions (including energy related M&A transactions and a broad range of commercial contracts across the energy and infrastructure sectors). 

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.

Affiliations
  • Chartered Member of the New Zealand Institute of Directors
Achievements and recognition
  • International Who’s Who Legal: Banking 2024, Project Finance 2024, Global Leader Banking- Finance 2023, Global Leader Project Finance 2023, National Leader Australia and New Zealand Banking 2022, National Leader Australia & New Zealand Project Finance 2022
  • Best Lawyers in New Zealand in the practice areas of Banking and Finance and Project Finance and Development 
  • Asialaw Leading Lawyers for Project Finance, and Banking and Finance