Applicant
Bathurst Resources Limited
Case number(s)
201020131
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Decision date3 March 2011
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Eastern Resources Group Limited which owns or controls:

  • a leasehold interest in 76.3000 hectares of land at Nightcaps, Southland; and
  • a leasehold interest in 4.5220 hectares of land at Burnetts Face Road, Denniston, Buller District.
Consideration$46,537,000
ApplicantBathurst Resources Limited
Various overseas persons (67.42%)
Mathews Capital Partners Pty Ltd, Australia (13.84%)
L1 Capital Pty Ltd, Australia (6.68%)
JPMorgan Asset Management U.K. Ltd, United Kingdom (except Isle of Man and the Channel Islands) (4.49%)
Northcape Capital Pty Ltd, Australia (3.52%)
Perpetual Investments Ltd, Australia (2.09%)
Focus Asset Management Pty Ltd, Australia (0.91%)
New Zealand Public (0.55%)
JCP Investment Partners Ltd, Australia (0.5%)
VendorGalilee Energy Limited
Various, Various (54.83%)
Becamal Pty Limited, Australia (16.85%)
Ecarlate Pty Limited, Australia (12.06%)
Ekco Investments Pty Limited, Australia (5.84%)
Australian Public (5.0323%)
Corostar Pty Limited, Australia (2.58%)
JP Morgan Nominees Australia Limited, Australia (2.31%)
New Zealand Public (0.4977%)
Background

The Investment will see the Applicant further expand its coal production capabilities in the South Island.

The Applicant aims to become a leading producer of high quality New Zealand coking and thermal coal.

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)(iii) – Increased export receipts
17(2)(a)(iv) – Added market competition/productivity

Overseas Investment Regulations 2005
28(b) – Key person in a key industry
28(c) – Affect image, trade or international relations
28(e) – Previous investments

More informationBrigid McArthur
Greenwood Roche Chisnall
PO Box 25501
WELLINGTON