Applicant
Bright Dairy and Food Co., Ltd
Case number(s)
201020022
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision date20 September 2010
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 51.0% of the shares of Synlait Milk Limited which owns or controls a leasehold interest in 49.2245 hectares of land at 1028 Heslerton Rd, Bankside-Dunsandel.
An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 51.0% of the shares of Synlait Milk Limited, the value of the assets of Synlait Milk Limited and its 25% or more subsidiaries being greater than $100m.
ConsiderationCONFIDENTIAL
ApplicantBright Dairy and Food Co., Ltd
Chinese Government, China, People's Republic of (63.8608%)
China Public (32.2882%)
China Pacific Life Insurance Co., Ltd, China, People's Republic of (1.686%)
Bank of Communications Sea Fortis Securities Investment Fund, China, People's Republic of (1.44%)
Bank of China Sea Fortis Securities Revenue Growth Investment Fund, China, People's Republic of (0.725%)
Background

The Applicant is one of the largest dairy product manufacturing and distribution enterprises in The People's Republic of China. The Applicant distributes its products in the Chinese domestic market, with Shanghai being its major market.

The Applicant will subscribe for new ordinary shares in Synlait Milk Limited which will result in it holding 51% of the issued share capital of Synlait Milk Limited.

Synlait Milk Limited owns and operates a high specification milk processing facility, producing milk powder products and high-value functional milk products for export. The funds raised through the Investment will be used to strengthen Synlait Milk Limited's financial position and fund a new milk processing plant.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 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)(iv) – Added market competition/productivity
17(2)(a)(v) – Additional investment for development purposes
17(2)(a)(vi) – Increased processing of primary products

Overseas Investment Regulations 2005
28(b) – Key person in a key industry
28(c) – Affect image, trade or international relations

More informationMartin Thomson
DLA Phillips Fox (Auckland)
PO Box 160
AUCKLAND