Applicant
Flock Hill Holdings
Case number(s)
200920041
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Decision date10 February 2010
Investment

An overseas investment in sensitive land, being an increase in the shareholding of United States company Coast Range New Zealand LLC from 24.9% (up to 100%) in Flock Hill Holdings, which is the registered proprietor of “Flock Hill Station” comprising:

  • a leasehold interest in 13988.6306 hectares of land at State Highway 73, West Coast Road between Castle Hill Village and Cass; and
  • a freehold interest in 28.6984 hectares of land at State Highway 73, West Coast Road between Castle Hill Village and Cass.
Consideration$5,273,000
ApplicantThe Applicant is Flock Hill Holdings, an unlimited New Zealand company
New Zealand (75.1%)
United States of America (24.9%)
VendorExisting shareholders of Flock Hill Holdings other than Coast Range New Zealand LLC
New Zealand (100.0%)
Background

The Applicant currently owns “Flock Hill Station”, a Canterbury high country farm. The Station consists of some 14,000 hectares located on State Highway 73. It consists mostly of leasehold land leased from the Freehold owner (being the University of Canterbury).

The overseas investment transaction consists of an internal share restructure of the Applicant whereby one of three existing shareholders (US Company Coast Range New Zealand LLC – “Coast Range”) will increase its shareholding from its current 24.9% up to 100%. These shares will be acquired from the two other existing New Zealand shareholders.

The overseas investment will provide further funds for the continued development of “Flock Hill Station”. This development will be carried out in accordance with a professional farming plan prepared by independent farm consultants.

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)(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)(b) – Enhancement of indigenous Vegetation and Fauna
17(2)(c) – Enhancement of trout, salmon and wildlife habitats
17(2)(d) – Enhancement of historic heritage
17(2)(e) – Provision of public access
17(2)(f) – Offer of special land riverbed to the Crown

Overseas Investment Regulations 2005
28(e) – Previous beneficial investments

More informationCharlie Brown
Rhodes & Co.
PO Box 13444
CHRISTCHURCH