Applicant
DowDuPont, Inc
Case number(s)
201610074
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision Date3 November 2016
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100% of the Shares of Dow Chemical Company which owns or controls a freehold interest in approximately 275.2371 hectares of land at:

  • 2547 & 2661 Old West Coast Road, 233 Cooks Road, Addingtons Road, Darfield, Canterbury;
  • 16 Sutton Road, Omata, Taranaki;
  • 16 Beach Road, Otahuhu, Auckland; and
  • 650 Kaipaki Road, Ohaupo, Waikato

An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 100.0% of the Shares of Dow Chemical Company, the value of the assets of Dow Chemical Company and its 25% or more subsidiaries being greater than $100m.

An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 100.0% of the Shares of E. I. Du Pont de Nemours & Company, the value of the assets of E. I. Du Pont de Nemours & Company and its 25% or more subsidiaries being greater than $100m.

Asset ValueApproximately $364,100,000
ApplicantDowDuPont, Inc
Existing Shareholders of E. I. Du Pont de Nemours & Company, Various (50.0%)
Existing Shareholders of Dow Chemical Company, Various (50.0%)
Vendor

E. I. Du Pont de Nemours & Company
United States Public (64.6%)
Various overseas persons (28.0%)
European Public (4.0%)
Canada Public (2.4%)
Asian Public (1.0%)

Dow Chemical Company
United States Public (60.7%)
Various overseas persons (29.0%)
European Public (7.0%)
Canada Public (2.3%)
Asian Public (1.0%)

Background

E. I. Du Pont de Nemours & Company and Dow Chemical Company intend to combine in an all-stock merger of equals. The merger of equals will be a global merger of the two businesses, resulting in a combined company, being the Applicant (DowDuPont, Inc).

The overseas investment transaction has satisfied the criteria in sections 16 and 18 of the Overseas Investment Act 2005. The 'substantial and identifiable benefit to New Zealand' criteria were satisfied by particular reference to the following factors:

Overseas Investment Act 2005
17(2)(a)(iv) – Added market competition/productivity

Overseas Investment Regulations 2005
28(a) – Consequential benefits
28(b) – Key person in a key industry
28(c) – Affect image, trade or international relations
28(e) – Previous investments

More informationMei Fern Johnson
Russell McVeagh
PO Box 10-214
WELLINGTON