Applicant
Wharekauhau Country Estate Limited
Case number(s)
201020111
Decision date
Type
Decision
DecisionConsent Granted
Sections 12(a) and 12(b) Overseas Investment Act 2005
Decision date18 February 2011
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of:

  • a freehold interest in 1.1825 hectares of land at Wharekauhau Road, South Wairarapa; and
  • a freehold interest in 1.0000 hectares of land at Wharekauhau Road, South Wairarapa; and
  • a freehold interest in 1.0000 hectares of land at Wharekauhau Road, South Wairarapa.

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in up to 100% of the Shares of Wharepapa Station Limited which owns or controls a freehold interest in 484.7704 hectares of land at Wharepapa Station.

ConsiderationTo be advised
ApplicantWharekauhau Country Estate Limited
William P. Foley II, United States of America (53.73%)
New Zealand Public (25.0%)
Thomas M Hagerty, United States of America (21.27%)
Vendor

Wharekauhau Holdings Limited
James Davidson, United States of America (38.9686%)
Michael Baybak, United States of America (20.2168%)
Blanchard (James), III, estate of, United States of America (10.255%)
Charlotte Casey, United States of America (8.7899%)
Lord William Rees-Mogg, United Kingdom (except Isle of Man and the Channel Islands) (8.7899%)
Annette Shaw, New Zealand (6.0504%)
William Shaw, New Zealand (6.0504%)
Roger Douglas, New Zealand (0.879%)

Existing shareholders of Wharepapa Station Limited other than Wharekauhau Country Estate Limited
Annette Shaw, New Zealand (23.0%)
William Shaw, New Zealand (23.0%)
Warren Mack Lindsey, New Zealand (18.0%)
Marco Murillo, Japan (9.0%)
Henry Gailliot, United States of America (9.0%)
John Erdner, United States of America (9.0%)
Betty Wolfe, United States of America (9.0%)

Background

The Applicant (formerly named N&B Enterprises Limited) was granted consent in July 2010 to purchase the Wharekauhau Resort Business (refer case 201010049). This overseas investment transaction is an integral part of the overall investment and will facilitate the ongoing development of the Wharekauhau business operation.

The overall 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)(v) - Additional investment for development purposes
17(2)(b) - Indigenous Vegetation/Fauna
17(2)(e) - Walking Access

Overseas Investment Regulations 2005
28(a) - Consequential Benefits
28(c) - Affect image, trade or international relations
28(e) - Previous investments
28(f) - Advance significant government policy or strategy
28(g) - Enhance the viability of other investments

More informationAndrew Petersen
Bell Gully (Auckland)
PO Box 4199
AUCKLAND 1140