The Special Conditions

This week, we’re joined by John Green, one of New Zealand’s leading dispute resolution experts, who works on major building, construction and infrastructure disputes and brings more than 35 years’ experience to the field. With appointments in over 1,370 disputes, John is widely respected for his expertise as an arbitrator, adjudicator andmediator. He has also played a significant role in shaping t...

How do Olympic venues keep opening on time when so many major projects run late? This episode examines the answer: fixed deadlines, tight scope control, fast decision-making and collaborative delivery models. We also look at Brisbane’s 2032 venue programme and ask what New Zealand can borrow from the Olympic playbook.

AI is evolving rapidly, and the conversation has already moved well beyond generative tools. Terms like “vibe coding” are entering the mainstream, while the prospect of superintelligent systems is no longer confined to science fiction. In this episode, Hamish is joined by Chapman Tripp’s Chief Digital Officer, Sean Bishop, to explore what is changing, what these developments mean in practice, and...

Hamish and Sam debrief after The Chapman Tripp and Deloitte Election Conference, hosted by BusinessNZ, which brought together senior politicians from across the political spectrum. They discuss the key themes at the conference and explore results from the accompanying Election Survey capturing priorities for New Zealand's future. Key topics include infrastructure and energy, tax policy, supera...

In this episode, Hamish and Sam are joined by Jacob Kerkin from Omni Bridgeway to discuss litigation funding and its role in construction and infrastructure disputes. They explore what litigation funding involves, the types of cases that can be funded, and the future of litigation funding as a dispute resolution tool in New Zealand.

In this episode, Hamish and Sam are joined by Quinton Blackburn, Senior Principal in Project Delivery at Beca, to discuss short-term thinking in New Zealand's construction and infrastructure sector. They explore why short-termism persists despite its costs, the barriers to achieving genuine value for money, and how procurement and project delivery can be structured differently.

Systems is the buzz word of this week's podcast. Following the Building Nations conference, Hamish and Sam dig into key learnings from industry leaders and politicians on the conference floor – including views on how to prioritise value over cost, and the case for building bipartisan systems, not just a bipartisan pipeline.

Fresh from the New Zealand Data Centre Leaders Summit, Hamish and Sam are exploring one of the most significant infrastructure opportunities shaping our economic future. With global data centre power consumption skyrocketing – driven by generative AI and forecast to double by 2030 – New Zealand finds itself uniquely positioned. But as the global constraint shifts from capital and land to power gri...

Construction is the sector most exposed to insolvency in New Zealand, accounting for roughly a quarter of all corporate insolvencies, and the current cycle is the worst in over a decade.  In this episode, insolvency and restructuring Partner  Janko Marcetic  joins the podcast to unpack what actually happens when a principal or contractor goes bust on a major project, from early warning signs throu...

The Building Amendment Bill proposes to speed up development, cut costs and strengthen consumer protections. But will it deliver? In this episode, we explore the key changes, whether the reforms could achieve their objectives, and what it could mean for the construction industry.

This week, we look at what happens when project teams turn to AI tools before seeking advice from their lawyer, and whether those interactions are covered by privilege. The risks can be major.

In this episode, Sam is joined by Rebecca Tompkins, Special Counsel in Chapman Tripp’s Environment & Planning team, to discuss the reform of the Resource Management Act and the two new Bills – the Natural Environment Bill and the Planning Bill. They cover the key changes following the select committee report, what happens next, and what the reforms could mean for infrastructure projects in New...

This week we unpack limitation periods in construction disputes - and when a claim is simply too late. We discuss contractual limitation periods, warranties, theLimitation Act 2010, the Building Act’s 10-year longstop, and recent cases showing why getting the dates wrong can be fatal to a claim. We also explore when the clock actually starts running, and why that question is often where these disp...

This week , we’re joined by Ed Hyde,Chief Transformation & Technology Officer at Genesis,  to discuss the strategic evolution energy principals, developers and asset owners in New Zealand are now facing as they scale their energy pipelines. We explore the shift from early partnering models and one-off delivery approaches towards building the capability, frameworks and investment settings neede...

In this episode, Corporate Partner  Rachel Dunne  joins the podcast to discuss how capital markets influence infrastructure investment in New Zealand. The conversation explores whether New Zealand is an attractive market for global infrastructure investors, the key non-negotiables investors look for, whether IPOs are a realistic option for infrastructure assets, and the importance of bankability i...

This week, we unpack the Government’s response to the Infrastructure Commission’s National Infrastructure Plan. With 16 recommendations accepted, we look at the key themes shaping the future of infrastructure in New Zealand, including a stronger focus on maintenance, better reporting, more realistic planning around what the country can afford, and a greater role for private capital. We also discus...

In this episode, Sam and Hamish discuss alternative dispute resolution in New Zealand’s construction and infrastructure sector. They explore why disputes arise so often on complex projects, why formal processes are not always the best answer, and practical options for resolving issues efficiently while keeping projects moving and relationships intact.

This week, Hamish and Sam discuss The Cost of Stopping, a new report by economist Shamubeel Eaqub estimating that stop-start infrastructure decision-making has cost New Zealand taxpayers $11.8b over the past 25 years. They unpack where those costs lie, consider how international experience compares, and discuss reactions to the report and its recommendations.

This week, Hamish and Sam unpack the Government’s latest Budget and what it means in a time of economic uncertainty. They discuss the key infrastructure commitments, how the next few years may compare with the last, and whether the Budget sets a credible path forward. They also consider the Opposition’s response and the counterfactual: what might a Labour Government have done differently? A timely...

In this episode, Hamish and Sam take a closer look at the NZCIC guidelines and their ongoing relevance for the construction sector. They unpack what the guidelines are designed to achieve, the key issues they raise for principals, contractors, and consultants, and how they continue to shape expectations around procurement, contracting, and project delivery. They also discuss where the guidelines c...

In this episode, Hamish and Sam break down the proposed law reform on proportionate liability, why it matters, and what could be addressed in the upcoming changes. They explore the current regime, what to expect from a possible amendment bill later this year, and the key question at the heart of the debate: who should be responsible when something goes wrong?

Fresh off the plane from Infrastructure New Zealand’s delegation to Sweden and Norway, Hamish is buzzing with ideas. In this episode, he joins Sam to unpack what New Zealand can learn about the Nordic approach to infrastructure funding, including tax settings, user-pays models, and the balance between local and central government. He also dives into the role of consensus in decision-making, the re...

Hamish and Sam discuss the impact of the Middle Eastern Conflict (MEC-26) on construction contracts. They look at the key issues this raises for projects, including delay and disruption, cost escalation, and change of law.

Welcome to  The Special Conditions – a podcast exploring the legal and commercial landscape of construction and infrastructure in New Zealand. In this introductory episode, meet your hosts, Hamish Bolland and Sam Holden, as they share their backgrounds, areas of expertise, and discuss what listeners can expect from the podcast. Whether you are a principal, contractor, consultant, funder, or simply...