Applicant
Merlin Entertainments Group Luxembourg Topco S.a.r.l
Case number(s)
201020105
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Decision date3 February 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Auckland Aquarium Limited which owns or controls a leasehold interest in 0.0054 hectares of land at 23 Tamaki Drive, Orakei, Auckland.
ConsiderationCONFIDENTIAL
ApplicantMerlin Entertainments Group Luxembourg Topco S.a.r.l
Cayman Islands (29.80%)
Denmark (31.63%)
England (14.03%)
Luxembourg (24.54%)
VendorVillage Roadshow Holdings Pty Limited
Australian Public (81.13%)
Various overseas persons (6.77%)
United States Public (5.58%)
United Kingdom Public (3.94%)
Asian Public (2.58%)
Background

The Applicant's acquisition (through its wholly owned subsidiary Merlin Entertainments (New Zealand) Limited) of Auckland Aquarium Limited's shareholding is part of a series of transactions whereby the Applicant will acquire various assets in Australia and New Zealand from the Vendor.

The Vendor has decided to realise some of its business assets in the Australasian attractions market in order to reduce its level of borrowings. The Applicant regards a number of the Vendor's assets as prominent tourism attractions in Australasia that are complementary to its core business.

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)(i) - Creation/Retention of jobs

Overseas Investment Regulations 2005
28(a) - Consequential Benefits
28(c) - Affect image, trade or international relations

More informationDavid Hoare
Russell McVeagh (Auckland)
PO Box 8
AUCKLAND