Bryan's Qualifications:
Barrister and Solicitor of the High Court of New Zealand (1972 – 2013)
Barrister of High Court of New Zealand (2013 – present)
Bryan's memberships:
Law and Economics Association of New Zealand
Competition Law & Policy Institute of New ZealandEnergy & Natural Resources Law Associa¬tion of New Zealand (Inc.) (Executive Committee member and Past Chairman)
LawAsia Energy Section (Immediate Past Chairman)
Institute of Directors, New Zealand
Bryan's areas of practice:
Bryan has acted for
New Zealand Government in the negotiation of the contract for the sale of gas to a public private partnership (between state owned Petroleum Corporation and Alberta Gas) chemical grade methanol petrochemical plant
New Zealand Government on the negotiation of the contractual arrangements for the New Zealand Government’s participation in the public private partnership with Mobil Oil Corporation for gas to synthetic gasoline petrochemical plant (the Synfuel project)
New Zealand Government in the negotiation of agreements for the supply of electricity to aluminium smelter plant owned by Comalco (for Tiwai Point expansion) and the proposed smelter to be owned by Alusuissee/Fletcher/Gove Alumina consortium
New Zealand Government in respect of the New Zealand Government’s participation in the Synfuel project and the US$1.7 billion project financing of the Synfuel project
New Zealand Government in New Zealand High Court and Court of Appeal proceedings in respect of the sale and purchase of Maui Gas (involving NZ $1.9 billion)
As senior counsel for Ngati Toa on an appeal from the Maori Land Court of Appeal to the Privy Council on matters associated with the Treaty of Waitangi
New Zealand Government and junior counsel to the New Zealand Solicitor‑General in arbitration proceedings before the International Center for Settlement of International Disputes by Mobil against the New Zealand Government (involving the Synfuel project and New Zealand Commerce Act 1986 issues)
Minister of Energy, New Zealand Government, on every petroleum joint venture to secure the Governments 11% carried interest in every petroleum exploration permit until the Government introduced its current royalty regime
New Zealand Government in respect on the sale of Maui gas and sale of synthetic gasoline in international markets
New Zealand Government on the privatisation of the New Zealand Government’s participation in the Synfuel project public private partnership
New Zealand Government on the privatisation of its Maui gas trading assets (involving an application to the Commerce Commission for authorisation and restructuring to meet Commerce Act 1986 requirements
New Zealand Government on the corporatisation of the Government’s coal mining activities as Coal Corporation (now Solid Energy Limited
New Zealand Government on the corporatisation of the Government’s state housing activities as Housing New Zealand
Australian gold mining interests in respect of the acquisition and disposal of New Zealand’s prospecting licences
Acted for the New Zealand Government in respect of the privatisation of its interests in some petroleum mining licences
Capital Power MED (a local authority electricity supply department) of its corporatisation as Capital Power Limited
Capital Power Limited on competition law and contractual commercial matters arising from energy trading and distribution functions
Western Mining Corporation, Western Australia, as operator of New Zealand Kupe petroleum mining joint venture on the sale of gas and condensate (including the then Kupe gas marketing interests)
Western Mining Corporation, Western Australia, on the sale of its New Zealand petroleum interests
Gas House on competition law issues in relation to the New Zealand Gas Pipeline Code and on the development of the Gas Reconciliation Code
Petroleum Industry Fuel Forum (New Zealand Refinery, Shell, Caltex and BP) on competition law implications of the contaminated diesel crisis, and petroleum retailers on industry meetings
A major petroleum companies on gas sale and purchase agreements
Kupe offshore field (Shell, OMV and Todd Petroleum) joint venturerers on the joint marketing and sale of Kupe gas
Fletcher Challenge Energy/Shell on litigation arising from the sale and purchase of gas
OMV, an Austrian petroleum mining and marketing company, on the divestment and acquisition of petroleum mining interests (including an acquisition of 10% in the Maui field and other petroleum joint venture interests)
OMV as operator on the development of the Maari offshore crude oil discovery
A coastal shipping company on the regulatory regime for ports and airports (including the Commerce Commission investigation into airport landing charges), submissions for reform and litigation against Port companies on port charges
Transpower, the owner and operator of New Zealand’s electricity transmission grid, on contracts for access to and use of the electricity transmission grid, contracts for new investment in the transmission grid, hedge and financial transmission rights contracts, multilateral industry wide agreements for sale and purchase of wholesale electricity, system security, allocation and reconciliation, contracts used by distributors, generators and retailers, and economic regulation issues (including submissions to and appearances before the Commerce Commission and an application to the Commerce Commission for an authorisation of Transpower’s pricing methodology)
New Zealand Shipping Federation on the competition law and regulatory regime applicable to New Zealand Ports, review of port legislation in other countries, whether certain conduct of New Zealand Ports is anti-competitive, pricing methodologies and strategies adopted by certain New Zealand Ports, proposals for reform, and the Ministry of Transport’s review of the exercise of market power by New Zealand Ports and Commerce Commission’s Inquiry into pricing by Airports
Silver Fern Shipping Limited on the competition law and regulatory regime applicable to New Zealand Ports, whether conduct of certain Ports is anti-competitive, pricing methodologies and strategies adopted by certain Ports, proposals for reform, and the Ministry of Transport’s review of the exercise of market power by New Zealand Ports and the Commerce Commission’s Inquiry into pricing by Airports
CentrePort, Wellington, on legal advice in preparation of contracts for fast ferries (owned by an Argentinean firm) use of berths at CentrePort, Wellington, New Zealand
A freight forwarding company on a section 98, Commerce Act investigation into alleged price fixing
New Zealand Rugby Union on numerous matters associated with the introduction of professional rugby
An Abu Dhabi oil trader on oil trading contracts in the international market
Genesis Energy, a New Zealand state owned electricity generator and retailer, on fuel supply maters and some matters arising from its participation in the current Kupe joint venture for the development of the Kupe oil and gas field
Japanese multinational on the reorganisation of its New Zealand petroleum exploration and production interests
Powerco, New Zealand’s second largest electricity and gas distribution company, on pricing and contractual matters and some economic regulation issues
Mighty River Power, a New Zealand state owned electricity generator and retailer of electricity and gas, on matters arising from the Maui pipeline open access regime, farmins and farmouts of petroleum exploration interests and the wholesale purchase and sale of gas
Unison, New Zealand’s fourth largest electricity distribution company, on its contractual regime and economic regulatory, issues
Energy Direct New Zealand Limited, a major gas and electricity retailer on its wholesale and retail contracts
Malaysian training organisation to deliver a three day training course in Indonesia in 2013 on negotiation of mining contracts and dispute resolution
United States petroleum exploration company in relation to all its New Zealand interests
EnerNOC New Zealand Limited, a new entrant on the aggregation of electricity users, to supply demand side management services to Transpower
Indonesian, Malaysian, Singapore and London based training organisations to provide two and three day training courses in 2014 -19 on commercial contracts including oil & gas, power and mining and project engineering, procurement and construction contracts
Bryan's publications and papers:
Oil & Gas Legislation in New Zealand and the Investor, (1983) New Zealand Law Journal 351
Energy Law in New Zealand, (1984) 2 Journal of Energy & Natural Resource Law 117
Current Cost Accounting and the Law, (1985) New Zealand Law Journal 18
Commentary on Mining and Environmental Legislation Relevant to New Zealand, (1987) Australian Mining and Petroleum Association Year Book 137
The Mining Licensing Regime: Current Developments, Coauthor, (1988) Australian Institute of Mining and Metallurgy, New Zealand Branch Conference
Legal Nature of Licensees Interest under Petroleum Act 1937 and Proposals to Review Part II of Petroleum Act 1937, Co-author, 1989 New Zealand Petroleum Exploration Conference
Energy Resources – Acquisition Opportunities in the Asia Pacific Region: New Zealand, (1990) LAWASIA Energy Section Conference, Melbourne, Australia
The Role of the Small Investor in Petroleum Exploration, 1991 New Zealand Petroleum Conference, Christchurch, New Zealand
Foreign Investment Law and Policy, 1991, New Zealand Petroleum Conference, Christchurch, New Zealand
The Role of Lawyers in the Due Diligence Process, 1992 IIR Conference on Asset Sales and Management, Wellington, New Zealand
Practical Implications of the Energy Sector Reform Legislation, 1992 IIR Conference on Electricity Pricing and Purchasing, Wellington, New Zealand
Joint Operating Agreements, 1992 LAWASIA Energy Section Conference, Kuala Lumpur, Malaysia, Co-author
Offtake Agreements: The Essential Element to Entry, 1993 IIR Conference on Commercial Opportunities in Power Generation, Wellington, New Zealand
Legal Aspects of Gas Trading, 1994 New Zealand Petroleum Conference, Rotorua, New Zealand
Joint Ventures, 1994 IIR Conference on Joint Ventures, Auckland, New Zealand
Tradeable Long Term Supply Contracts, 1995 IIR Conference on Electricity Rationalisation, Wellington, New Zealand
Alternative Dispute Resolution and the Commerce Act, 1995 AIC Conference Utility Markets Summit, Wellington, New Zealand
Resolution of Disputes under the Commerce Act, 1995 Competition Law and Practice Workshop, Wellington, New Zealand
How to Attack Take or Pay Contracts and (Maybe) Win, 1996 New Zealand Petroleum Conference, Auckland, New Zealand
Legal Issues and Regulation of Utilities in New Zealand, 1997 Utilities Market Conference, Wellington, New Zealand
Understanding the Open Access Regime, 1998 New Zealand Petroleum Conference, Queenstown, New Zealand
Problems Arising from the Resale of Maui Gas, 1998 New Zealand Petroleum Conference, Queenstown, New Zealand
Port Reform, 1998 New Zealand Shipping and Ports Conference, Wellington, New Zealand
Contracting in and with the Crown, 1999 Public Sector Conference, Wellington, New Zealand
Who would want to be a Downstream Purchaser of Maui Gas, 2000 New Zealand Petroleum Conference, Auckland, New Zealand
Competition Law Compliance, 2001, New Zealand Law Journal, 310, Co-author
Government Regulation and the Commerce Act, 2002, IIR Competition Law Mastercourse, Wellington, New Zealand
Legal Developments Impacting on Maritime Industry, 2002 Shipping and Ports Conference, Auckland, New Zealand
Economic Regulation of the New Zealand Electricity Industry, 2002 Annual Workshop, Competition Law and Policy Institute, Wellington, New Zealand
Rainmaking, 2002 K Legal International Conference, Barcelona, Spain
Assessing the Current and Future Role of Public and Private Sector Partnerships in the Ports and Shipping Industry, 2003 Ports and Shipping Forum, Auckland, New Zealand
Regulation of Utilities: Is there any method in the madness, Co-author, 2004, Annual Competition Law and Regulation Review, Wellington, New Zealand
Default by a Fellow Joint Venturer –Are you Adequately Protected, 2004 New Zealand Petroleum Conference, Auckland, New Zealand
Market Definition and Design of Competitive Electricity Industries, 2004 15th Annual Workshop of Competition Law & Policy Institute of New Zealand, Auckland, New Zealand
Negotiating Force – Majeure Clauses, Kensington Swan 2004 Energy Seminar Series, Wellington and Auckland, New Zealand
Negotiating Petroleum Farmout Agreements, Kensington Swan 2004 Energy Seminar Series, Wellington and Auckland, New Zealand
LNG Projects and Contracts for the Importation of LNG, Kensington Swan 2004 Energy Seminar Series, Wellington, New Zealand
Law in relation to negotiation in the Energy Sector, Kensington Swan 2005 Energy Seminar Series, Wellington and Auckland, New Zealand
Negotiation in Good Faith clauses in Energy Sector Contracts, Kensington Swan 2005 Energy Seminar Series, Wellington, New Zealand
New Zealand Developments – recent changes and developments in the New Zealand petroleum industry, [2006] AURELawJI 30 , co-author
Development of Infrastructure; new directions, 2006 6th Annual Land Transport Summit, Auckland, New Zealand
Trans-Tasman Harmonisation of Competition Law, 2006 6th Annual Competition Law & Regulation Review, Wellington, New Zealand
Development of Infrastructure: New Directions, 6th Annual Land Transport Summit, February 2006, Auckland, New Zealand
New Zealand Developments – Crown Minerals [2007] AURELawJI 19, 21 and 22, co-author
The Strategic Importance of Regulation and Managing the Relationship with the Regulator, New Zealand Regulatory Evolution Summit, June 2007, Wellington, New Zealand
Governance Response to Climate Change, Institute of Directors in New Zealand Inc, February 2008, Wellington, New Zealand
The Ban on Fossil Fuel Generation: What are the Legal and Practical Implications?, Co-author; Kensington Swan 2008 Energy Seminar Series, Wellington, New Zealand
Sole Risk and Non-Consent Clauses in JOA’s, Kensington Swan Energy Seminar Series, Wellington, New Zealand 2008
Analysis of Policy and Regulatory Framework of the New Zealand Emissions Trading Scheme with reference to the Closer Economic Relations Treaty [2008] AURELawJI 62
Access Agreements under the Crown Minerals Act: Do’s and Don’ts, Co-author, Kensington Swan 2008 Energy Seminar Series, Wellington, New Zealand
Resource / Energy Contracts: Coping with a Change in Circumstances, Co-author, Kensington Swan 2008 Energy Seminar Series, Wellington, New Zealand
The planned thermal generation moratorium: impacts on the New Zealand gas sector, 6th Annual Gas Industry Summit, September 2008, Wellington, New Zealand
The New Zealand Emissions Trading Scheme (NZ ETS) and the Opportunities in Forestry, Co-author, Kensington Swan 2008 Climate Change Seminar Series, Wellington and Auckland, New Zealand
Trade Impacts of the NZ ETS, Kensington Swan 2008 Climate Change Seminar Series, Wellington and Auckland, New Zealand
Sustainability Contracts, Co-author, Government Procurement Conference, August 2008, Wellington, New Zealand
The Impact of Climate Change on M&A Due Diligence, Kensington Swan 2008 Climate Change Seminar Series, Wellington and Auckland, New Zealand
The NZ ETS and Closer Economic Treaty, Climate Change Law Summit, September 2008, Te Papa, Wellington, New Zealand
NZ ETS under the microscope – current and future position of the NZ ETS, Reviewing Emissions Trading & Climate Change Summit, March 2009, Wellington, New Zealand
An update on the geothermal energy in the New Zealand context, Kensington Swan 2009 Energy Seminar Series, Wellington, New Zealand
Chairman and presenter, NZ ETS under the microscope – current and future position of the NZ ETS, Reviewing Emissions Trading & Climate Change Policy Summit, 25&26 March 2009, Wellington, New Zealand
The impact on the New Zealand energy sector of proposed RMA changes, The RMA Reform Forum, April 2009, Wellington, New Zealand
Forestry and the impact of carbon trading, Kensington Swan Climate Change Seminar Series 2009, Wellington, New Zealand
Impact of RMA reform on energy, RMA Reform Forum, 28 April 2009, Wellington, New Zealand
Forestry and the impact of carbon trading, Kensington Swan 2009 Climate Change Seminar Series, Wellington and Auckland, New Zealand
Chair and panelist, Public and private partnerships, LexisNexis Conference, May 2009, Wellington, New Zealand
Chairman and presented, Challenges in New Zealand: Financing and Allocation of Risk, Public Private Partnership Conference, 22 May 2009, Auckland, New Zealand
Renewables as a Way Forward, Awatea Wave and Tidal Energy Conference, 19 May 2009, Wellington, New Zealand
Governance and Politics of State-owned enterprises, Energy Law Association Conference, 18 May 2009, Wellington, New Zealand
The state of the legislative regime in New Zealand for geothermal energy, Kensington Swan 2009 Energy Seminar Series, Wellington, New Zealand
Carbon capture and storage – where to from here? Kensington Swan 2009 Energy Seminar Series, Wellington, New Zealand
Renewables in New Zealand, Kensington Swan 2009 Energy Seminar Series, Wellington, New Zealand
Update on the NZ ETS: Key issues and implementation, Kensington Swan 2009 Climate Change Seminar Series, Wellington, New Zealand
Enhancing water transfer rights and allocation, Kensington Swan Climate Change Seminar Series 2009, Wellington, New Zealand
Future of Gas, Energy Round Table Conference, 20 October 2009, Wellington, New Zealand
The security of New Zealand’s energy supply, Kensington Swan 2010 Energy Seminar Series, Wellington and Auckland, New Zealand
Structure of power projects in New Zealand, Kensington Swan 2010 Energy Seminar Series, Wellington and Auckland, New Zealand
Managing risk in oil and gas contracts, New Zealand Oil & Gas Exhibition & Conference, Oil & Gas Australia, August 2011
Continuous disclosure obligations for the energy sector, to disclose or not, Kensington Swan 2011 Energy Seminar Series, 25 May 2011, Wellington, New Zealand
Efficacy of force majeure clauses in the energy contracts in light of recent disasters, Kensington Swan 2011 Energy Seminar Series, 28 July 2011, Wellington, New Zealand
The future of demand response in the New Zealand electricity market, Kensington Swan 2011 Energy Seminar Series, 23 September 2011, Wellington, New Zealand
Financing of Energy Projects, Kensington Swan 2012 Energy Seminar Series, 5 June 2012, Wellington, New Zealand
Joint Operating Agreements in the Petroleum Industry, Kensington Swan 2012 Energy Seminar Series, 18 September 2012, Wellington, New Zealand
print media:
Breaching the Barriers to Competition, Marketing Matters, December 1994
The Sexy Aspects of LNG Contracts, Co-author, Oil & Gas Gazette Magazine, October 2008
The Fate of the New Zealand Emissions Trading Scheme, Oil & Gas Gazette Magazine, December 2008
The fate of New Zealand emissions trading scheme, Co-author, Oil & Gas Gazette Magazine, January 2009
Renewable energy is where the future lies, National Business Review, 12 February 2009
Taking axe to ministerial consent for transfer of permits under Crown Minerals Act, Oil & Gas Gazette Magazine, February 2009
Climate change summit to look into emissions trading policy, Energy News, February 2009
Big emitters to co-operate, National Business Review, March 2009
Fresh strategies for keeping a foot on gas, Independent newspaper, March 2009
Kyoto news no reason for complacency, Carbon News, April 2009
Methane hydrates in New Zealand: potentials and pitfalls, Oil & Gas Gazette Magazine, October 2009
Just good business: The GHG dilemma – when to start counting? New Zealand Management Magazine, October 2009
Call to let Rudd lead way on ETS, The Dominion Post newspaper, May 2009
Appropriateness of permit regime for geothermal evaluated, Energy News, May 2009
State-owned enterprises governance, Energy News, May 2009
Coal to liquid technology – implications for the petroleum industry, Oil & Gas Gazette Magazine, June 2009
Possibilities and barriers, Co-author, Energy New Zealand Magazine, Issue 9, Winter 2009
New look industry event, Energy News, July 2009
Carbon capture needs stand-alone legislation, Co-author, Energy News, July 2009
Heavy penalties for making false carbon claims, Co-author, Independent newspaper, August 2009
A moral dilemma: to report or not to report? Co-author, Independent newspaper, October 2009
Carbon claim warning, Co-author, Energy New Zealand Magazine, Spring 2009
Methane hydrates in New Zealand: Potential and pitfalls, Co-author, Oil & Gas Gazette Magazine, October 2009
ETS cost weighing on energy investment decisions, National Business Review, November 2009
Trans-Tasman single economic market: a step in the right direction for oil & gas, Co-author, Oil & Gas Gazette Magazine, December 2009/January 2010
Hands across the Tasman, Co-author, Energy New Zealand Magazine, Issue 11, December 2009
Certainty for business with passage of ETS amendments, Energy News, December 2009
Renewable versus gas-fired electricity generation and the environmental consent process, Co-author, Oil & Gas Gazette Magazine, January 2010
The Sweet and the bitter, Energy New Zealand, Perspectives 2010 Sector: Resources, February 2010
Mining controls already in place, Independent newspaper, April 2010
Land access permit and the minerals proposal, Co-author, Oil & Gas Gazette Magazine, April 2010
Crown land already protected, Co-author, Energy New Zealand Magazine, May/June 2010
Structure of power projects, Energy News, May 2010
Emissions scheme to fuel price increases, Independent newspaper, 17 June 2010
Lessons from Pohokura, Co-author, Energy New Zealand Magazine, September/October 2010
China and communication, Energy NZ Perspectives 2011, Resources, January 2011
Mega price hike rocks energy field, quoted by the Dominion Post newspaper, 29 March 2011
Genesis could take EA to court on UTS ruling process – Gundersen, quoted by Energy News, 16 June 2011
China’s massive spend up on energy, Energy New Zealand Magazine, July/August 2011
Live Media:
Businesses being urged to prepare for emissions trading, Radio New Zealand, 21 November 2008
Australian and New Zealand joint ETS, Radio Live, 3 March 2009
Shake-up of the Electricity Sector, New Zealand National Radio, Morning Report, 22 May 2009
Government’s plan to encourage exploration, Radio Live, 19 November 2009
Government’s plans to open New Zealand gas and oil resources, Radio New Zealand, 19 November 2009
Will there be any surprises in partial asset sales? Business News, Breakfast TV, 6 March 2012 – http://tvnz.co.nz/breakfast-news/video-there-any-surprises-in-partial-asset-sales-4759860
Bryan's Governence Experience:
Chairman, Wellington Branch Committee, New Zealand Institute of Directors (2006 – 2010) and member of the Branch Committee (2003 – 2010)
Chairman, Senior Directors Training Course, New Zealand Institute of Directors (2006)
Trustee, Young Enterprise Trust (2002 – present), being a Charitable Trust with the objective of promoting and running enterprise education in schools which has adopted the corporate governance model
Board of Directors, Wellington Rugby Football Union Inc (1998-2004), responsible for amateur and professional rugby in Wellington, New Zealand, and the management of the Hurricanes Super 14 franchise. Bryan was Chair of the Audit & Finance Committee and member of the Commercial Committee
Advisory Board, VIP Transport Services, Department of Internal Affairs (1990-1995), responsible for commercialising the enterprise providing chauffeur and self-drive services to the Government
Advisory Board, Quality Service Enterprises, Department of Internal Affairs (1988-1995), responsible for commercialising the enterprise providing office cleaning services to Departments of State
President, College Old Boys Victoria University of Wellington Rugby Football Club (2014-present)
Past Chairman, College Old Boys Victoria University of Wellington Rugby Football Club (Harlequins) (1997‑98)
Past Chairman, Victoria University of Wellington Rugby Football Club (Inc) (1990-91)
Past Chairman, LAWASIA Energy Section
Past Chairman, Energy Law Association of New Zealand
Member of the Ministry of Commerce Consultative Group on Competition Law (1992 -94)
Member of the Government Consultative Group on the Harmonisation of Australian and New Zealand Business Law (1992-94)
Chairman, Kensington Swan (1993-1995) being a law firm of 38 partners and 314 people in total with many $millions of revenue (while a law firm partnership, Kensington Swan has adopted the corporate governance model)
Deputy Chairman and Director, Kensington Swan (2004-2009),
Director, Kensington Swan (1991-1997)