Applicant
Foley Family Wines Holdings, New Zealand Limited
Case number(s)
201210098
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Decision date15 August 2012
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in up to (and including) 90% of the ordinary shares of The New Zealand Wine Company Limited which owns or controls various freehold and leasehold interests in 149.5219 hectares of sensitive land located in Marlborough (the Investment).
ConsiderationCash and non-cash consideration equal to $48,114,541 for 80% of the ordinary shares of The New Zealand Wine Company Limited
ApplicantFoley Family Wines Holdings, New Zealand Limited (and associates that comprise the relevant overseas person’s group)
United States of America (at least 90%)
New Zealand and potentially other nationalities (not more than 10%)
VendorThe New Zealand Wine Company Limited
New Zealand Public (98%)
Various overseas persons (2%)
Background

The overseas investment transaction will result in a merger of the businesses of The New Zealand Wine Company Limited and Foley Family Wines NZ Limited. This merger will provide access to the Applicant's distribution networks (in the United States and elsewhere) and to further capital to secure current business operations and facilitate future growth of the merged businesses.

The overseas investment transaction has 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)(i) – Creation and retention of jobs
17(2)(a)(iii) – Increased export receipts
17(2)(a)(iv) – Added market competition/productivity
17(2)(a)(v) – Additional investment for development purposes
17(2)(a)(vi) – Increased processing of primary products
17(2)(f) – Offer to gift riverbed to the Crown

Overseas Investment Regulations 2005
28(e) – Previous investments
28(g) – Enhance the viability of other investments
28(i) – Economic interests
28(j) – Mitigating factor

More informationCathy Quinn
Minter Ellison Rudd Watts
PO Box 3798
AUCKLAND 1140