Applicant
Irvin Kessler
Case number(s)
200920013
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) Overseas Investment Act 2005
Decision date1 September 2009
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in 57.0766 hectares of land at 298 Farndon Rd, Clive, Hawke's Bay.
Consideration$3,656,250
ApplicantIrvin Kessler
United States of America (100.0%)
VendorDaniel Bearsley, Marilyn Bearsley and Kevin Bearsley as trustees of the Bearsley Family Trust
New Zealand (100.0%)
Background

The property is currently used for maize growing. The Applicant intends to convert the land into a pipfruit orchard specialising in the intensive cultivation of apples and pears for export under a 'low residue' fruit-spraying regime.

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)(v) – Additional investment for development purposes

Overseas Investment Regulations 2005
28(d) – Owner to undertake other significant investment

More informationMichael Stephens
Stephens Lawyers
PO Box 10-966
WELLINGTON