Applicant
Lend Lease Corporation Limited
Case number(s)
200821564
Decision date
Type
Decision
Decision200821564
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision date13 February 2009
Investment

An overseas investment in significant business assets (the consideration of which exceeds $100m) and sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the stapled securities of the Vendor, each stapled security being made up of one share in Babcock & Brown Communities Limited (BBCL) and one unit in Babcock & Brown Communities Trust (BBCT), BBCL being the ultimate parent company of Primecare Holdings Limited which owns or controls:

  • a freehold interest in 12.6383 hectares of land at Knightsbridge Village, Graham Collins Drive, Mairangi Bay, Auckland; and
  • a freehold interest in 14.3888 hectares of land at Peninsula Club, 441 Whangaparaoa Road, Whangaparaoa, Auckland.
Consideration$195,000,000
Applicant

Lend Lease Corporation Limited
Australia (75.66%)
United States of America (11.15%)
United Kingdom (except Isle of Man and the Channel Islands) (8.53%)
Various (4.66%)

VendorBabcock & Brown Communities Group
Australia (92.59%)
New Zealand (4.1%)
Various (1.7%)
Hong Kong (Special Administrative Region) (1.61%)
Background

The Vendor is Australia's second largest listed retirement sector and aged care owner and operator. The Vendor currently operates 56 retirement villages and 29 aged care facilities in Australia and New Zealand.

The Applicant is focused on becoming a leader in the retirement sector and, by entering into and completing the proposed transaction, including the Investment, the Applicant will achieve this strategic goal by becoming the manager of, and major investor in, one of Australia's leading aged care operators.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was satisified by particular reference to the following factors:

Overseas Investment Regulations 2005
17(2)(a)(i) – Creation/Retention of jobs
17(2)(a)(iv) – Added market competition/Productivity

Overseas Investment Regulations 2005
28(a) – Consequential Benefits
28(b) – Key person in a key industry

More informationJustine Tuite
Chapman Tripp (Auckland)
PO Box 2206
AUCKLAND 1140