Applicant
Turney (Andrew Phillip), Turney (Paul Robert), Peck (Andrew Edward), Peck (Fiona Louise), and Pye (Diana May)
Case number(s)
201410022
Decision date
Type
Decision
DecisionConsent granted retrospectively
Sections 12(a) and 12(b) Overseas Investment Act 2005
Decision Date27 June 2016
Investment

Two retrospective overseas investments in sensitive land in 2012, being the Applicant's acquisition of:

  • a 23.78% interest in the Balrath Partnership, which owns or controls a freehold interest in approximately 780.7786 hectares of land at Barnswood Road and Hackthorne Road, Mayfair; and
  • a freehold interest in approximately 14.1387 hectares of land at Arundel Rakaia Gorge Road, Ashburton.

and

An overseas investment in sensitive land, being Paul Robert Turney's acquisition of rights or interests in an additional 6.205% of the Balrath Partnership, which owns or controls a freehold interest in approximately 780.7786 hectares of land at Barnswood Road and Hackthorne Road, Mayfair.

Consideration$6,299,702
ApplicantTurney (Andrew Phillip), Turney (Paul Robert), Peck (Andrew Edward), Peck (Fiona Louise), and Pye (Diana May)
Andrew Phillip Turney, United Kingdom (37.4%)
Paul Robert Turney, United Kingdom (24.99%)
Fiona Louise Peck and Andrew Edward Peck, New Zealand (22.01%)
Diana May Pye, New Zealand (15.6%)
Vendor

Margaret Jane Hubbard
New Zealand (100%)

Ashburton District Council
New Zealand (100%)

Andrew Phillip Turney
United Kingdom (100%)

Background

The Applicant is a partnership that owns Balrath Farm, which is used for dairy farming.

Two transactions have been granted consent retrospectively. The purpose of the third transaction is to correct an imbalance between two partners’ interests in the partnership.

The overseas investment transactions have satisfied the criteria in section 16 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 efficiency and productivity

Overseas Investment Regulations 2005
28(a) – Consequential benefits
28(e) – Previous investments
28(j) – Oversight and participation by New Zealanders

More informationGary Fail and Tiffany McRae
Russell Moon & Fail
PO Box 22
ASHBURTON
Retrospective penaltyn/a