Applicant
Waiwera Water New Zealand Limited
Case number(s)
201020047
Decision date
Type
Decision
DecisionConsent Granted
Section 12(a) Overseas Investment Act 2005
Decision date22 October 2010
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in 10.0480 hectares of land at 7 Upper Waiwera Rd, Rodney.
Consideration$1,001,000, plus the loan amount outstanding as at settlement date pursuant to a loan agreement between the Vendor and PHC Treasury Limited as varied and assigned by PHC Treasury Limited to Waiwera Water New Zealand Limited.
ApplicantWaiwera Water New Zealand Limited
Mikhail Khimich, Russia (60.0%)
John Donald St Clair Brown, New Zealand (40.0%)
VendorWaiwera Valley Properties Limited
John Donald St Clair Brown, New Zealand (100.0%)
Background

The Applicant bottles, sells and distributes Waiwera artesian water.

The Applicant will purchase the land to extract water from the bores on the land, and (subject to resource consent) construct a water bottling facility to bottle water taken from the land.

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)(iv) – Added market competition/productivity
17(2)(a)(v) – Additional investment for development purposes
17(2)(a)(vi) – Increased processing of primary products
17(2)(f) – Offer back of riverbed

Overseas Investment Regulations 2005
28(c) – Affect image
28(g) – Enhance the viability of other investments

More informationAlastair Hercus
Buddle Findlay (Wellington)
PO Box 2694
WELLINGTON 6140