Applicant
Cloudy Bay Vineyards Limited
Case number(s)
200810029
Decision date
Type
Decision

 

Decision number200810029
Application number200720145
Date31 March 2008
Offeror/applicantCloudy Bay Vineyards Limited
Ultimate applicant beneficial ownership66 percent - France, Moet Hennessy Louis Vuitton
34 percent - United Kingdom, Diageo Plc
Beneficial overseas ownership 
- Asset current100 percent
- Asset proposed100 percent
- Share currentN/A
- Share proposedN/A
Offeree(s)/seller(s)Riversleigh Partnership
50 percent - United Kingdom, Stapleton (William)
25 percent - United Kingdom, Sprot (Geoffrey)
25 percent - United Kingdom, Sprot (Belinda Jane)
Business activitiesAgriculture - Horticulture & Fruit - Viticulture
Details of land involved42.864 hectares of freehold situated at Conders Bend Road and Bedford Road, Marlborough being CTs MB6C/308, 30679 and MB6A/938 (Marlborough Registry).
Regions involvedNelson/Marlborough
Total consideration$10,710,000
Consent soughtTo acquire an interest in land which, either alone or together with any associated land of that type, is or includes non-urban land and exceeds 5 hectares in area.
Rationale

The application has been approved as it met the criteria.

The Overseas Investment Office is satisfied that the individuals with control of the Applicant collectively have business experience and acumen relevant to the overseas investment, and that the Applicant has demonstrated financial commitment towards the overseas investment. The Overseas Investment Office is further satisfied that each individual that exercises control over the Applicant is of good character and is not an individual of the kind referred to in section 7(1) of the Immigration Act 1987.

Background and Outline of the Investment:
Cloudy Bay Vineyards Limited (CBV) has established itself world wide as a pre-eminent producer primarily of Sauvignon Blanc wine. Demand has recently out stripped supply in many countries which CBV exports, especially North America, Australia, and the United Kingdom. To satisfy this demand CBV has seen it necessary to purchase further land.

CBV as an established producer of premium Marlborough wines, proposes to acquire developed vineyards in order to secure an additional grape supply. The Applicant has entered into an agreement to purchase three vineyard properties situated at Bedford Road and Conders Road.

Rationale for the Investment:
The purchase of the proposed properties will provide 36 hectares of productive vineyard to meet some of the targeted demand. The properties have been identified as being ideal due to their varietal mix. The diverse varietal planting of the three properties is a significant factor in the Applicant's decision to purchase these properties. The acquisition is important to the Applicant's project of producing Pinot Gris, which has been identified as a growth product. The acquisition will allow for a 70% growth from the 2007 vintage of this variety.

Another driving motivator to purchase the land is the need for CBV to become self sufficient with fruit supply. CBV currently has 46% selfsufficiency across all varietals, with the balance of fruit supply obtained from contract growers. CBV must manage its own supply to reduce the risk resulting from weather and reliance on contract growers.

In addition, the Bedford Road property adjoins land already owned by CBV, which will allow the two blocks of land to be farmed together and consolidate resources.

The proposed overseas investment is or is likely to benefit New Zealand (or any part of it or group of New Zealanders) having regard to the following factors:

Overseas Investment Act 2005:
s17(2)(a)(i) – Creation of new job opportunities;
s17(2)(a)(iii) – Increased export receipts;
s17(2)(a)(iv) –greater efficiency; and
s17(2)(a)(v) – Introduction into New Zealand of additional investment for development purposes.

Overseas Investment Regulations 2005:
r 28(e) - Previous investments.

ContactJulie Aitken
Lundons
PO Box 268
Blenheim 7240