Applicant
Montagu Investment Holdings Limited
Case number(s)
201420020
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 12(b) Overseas Investment Act 2005
Decision date10 April 2015
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in up to 100% of the shares of Radius Properties Limited (“RPL”) and QuantRes Finance Limited's (an associate of the Applicant) acquisition of rights or interests in those shares pursuant to the security arrangements in connection with its lending to the Applicant giving them each a 25% or more ownership or control interest in RPL which owns or controls a freehold interest in 0.5536 hectares of land at 135 Maeroa Road Hamilton.
ConsiderationYet to be determined
ApplicantMontagu Investment Holdings Limited
Harald McPike, Bahamas (92.9% voting; 63.7% economic)
Craig Nathen Priscott, New Zealand (7.1% voting; 17.2 % economic)
David Leonard Glenn, New Zealand (17.2% economic)
Maier Family Trustees Limited (a related entity of Sherry Withers Maier and Samford Lee Maier), New Zealand (1.9% economic)
VendorExisting shareholders in Radius Properties Limited
Montagu Investment Holdings Limited (refer above), Bahamas and New Zealand (50.002%)
Predominantly New Zealand retail investors (49.998%)
Background

Radius Properties Limited (RPL) owns a portfolio of properties in the aged care sector including one at 135 Maeroa Road Hamilton. The Applicant views RPL as an attractive long term investment and is committed to enhancing the quality and size of RPL's portfolio.

The overseas investment transaction has satisfied the criteria in section 16 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was 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(e) – Previous investments
28(g) – Enhance the viability of other investments
28(j) – Oversight and participation by New Zealanders

More informationAndrew Wallace
Lowndes Jordan
PO Box 5966
AUCKLAND 1141
Retrospective penalty$7,000