Applicant
The Trust Company Limited
Case number(s)
201110008
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Decision date11 March 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of The NZ Guardian Trust Company Limited, which in a trustee capacity, owns or controls a freehold interest in 13,691.7300 hectares of land at various locations around New Zealand.
Consideration$42,000,000
ApplicantThe Trust Company Limited
Australia (100%)
VendorSuncorp Group New Zealand Limited
Australia (100%)
Background

The Applicant is positioning for growth in its chosen markets and considers The New Zealand Guardian Trust to be an established and reputable corporate trustee which the Applicant has the potential to grow as part of its international expansion plans. The Applicant will look to leverage off its regional presence in Australia, New Zealand and Singapore to attract business from further afield, helping to raise the profile of the New Zealand corporate trustee industry in the process.

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/Retention of jobs
17(2)(a)(ii) – New technology or business skills
17(2)(a)(iv) – Added market competition/productivity
17(2)(a)(v)– Additional investment for development purposes

Overseas Investment Regulations 2005
28(a) – Consequential Benefits
28(c) – Refusal could affect New Zealand’s image abroad
28(i) – Economic Interests
28(j) – Mitigating Factor

More informationAdrien Hunter
Chapman Tripp (Auckland)
PO Box 2206
AUCKLAND 1140