Applicant
The Saint James Company LLC
Case number(s)
200920027
Decision date
Type
Decision
DecisionConsent Granted
Sections 12(a) and 12(b) Overseas Investment Act 2005
Decision date21 January 2010
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of:

  • a freehold interest in 13.2528 hectares of land at 148 Main Rd Hope, SH6, Hope, Nelson; and
  • a freehold interest in 8.7629 hectares of land at 71 Lansdowne Rd, Appleby, Nelson; and
  • a freehold interest in 17.9154 hectares of land at 59 Appleby Hwy, SH60, Appleby, Nelson; and
  • a freehold interest in 19.7511 hectares of land at 254, 286 and 288 Ranzau Rd, Hope, Nelson; and
  • a freehold interest in 10.2604 hectares of land at 71 Landsdowne Road, Appleby, Nelson.

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Bolitho Vineyards (Hope) Limited which owns or controls a freehold interest in 41.6943 hectares of land at 394, 416 Main Rd, SH 6, Hope, Nelson.

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Waimea Estates (Nelson) Limited which owns or controls a freehold interest in 10.9407 hectares of land at 59 Appleby Hwy, SH 60, Appleby, Nelson.

Consideration$34,571,250
ApplicantThe Saint James Company LLC
United States of America (100.0%)
Vendor

Trevor Herbert Bolitho, Robyn Mary Bolitho and Ian James Turner as trustees of the Trevor & Robyn Bolitho Family Trust
New Zealand (100.0%)

Trevor Herbert Bolitho and Robyn Mary Bolitho
New Zealand (100.0%)

A C Bolitho, B C Bolitho, Knapps Lawyers Trustee Company 2004 (No. 2) Limited, I J Turner, R M Bolitho & T H Bolitho
New Zealand (100.0%)

A C Bolitho, B C Bolitho and Knapps Lawyers Trustee Company 2004 (No. 2) Limited
New Zealand (100.0%)

I J Turner, R M Bolitho, T H Bolitho & J V Bolitho
New Zealand (100.0%)

Background

The Applicant is in the process of building a portfolio of international wine brands through acquisitions, licences and organic growth. The Applicant is proposing to acquire wineries and/or license well regarded brands in New Zealand and Australia.

The Applicant proposes to acquire the land and business known as the Waimea Estates vineyard and winery. The land comprises 9 separate freehold lots all located in or around Nelson. The Applicant is also acquiring the Gravitas vineyard and winery (refer 200920026).

The acquisition of multiple wineries in New Zealand allows the Applicant to bring together the complementary capabilities of each of the wineries. The wineries have excellent synergies and collectively cover the key market sectors and price points from premium to ultra premium. Individually, however they lack the critical mass to effectively penetrate foreign markets particularly the United States market.

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)(iii) – Increased export receipts
17(2)(a)(iv) – Added market competition/productivity

Overseas Investment Regulations 2005
28(c) – Affect image, trade or international relations

More information

Felicity Grey
Bell Gully (Auckland)
PO Box 4199
AUCKLAND 1140

Tom Bennett
Bell Gully (Auckland)
PO Box 4199
AUCKLAND 1140