Applicant
Greenheart Group Limited
Case number(s)
201020099
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision date28 February 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Mega Harvest International Limited which owns or controls a freehold interest in 12,653.0079 hectares of land at Mangakahia Forest Estate.
An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 100.0% of the shares of Mega Harvest International Limited, the maximum consideration of which will be US$77 million.
ConsiderationMaximum US$77 million
ApplicantGreenheart Group Limited
Sino-Forest Corporation (58.58%)
Hong Kong Public and various other overseas persons (41.42%)
VendorSino-Forest Corporation
Canada Public (30.0%)
United States Public (20.9%)
Paulson & Co, United States of America (16.3%)
Various overseas persons (13.2%)
Davis Advisors, United States of America (12.8%)
Singapore Government, Singapore (6.8%)
Background

Sino-Forest wishes to progress the Sino-Forest Group's expansion in areas outside China. Sino-Forest and the Applicant have determined that the Applicant is the appropriate international expansion vehicle, given that it already has overseas interests in Suriname. Sino-Forest will focus on forestry investments and product distribution in China.

By transferring the Forest Estate to the Applicant and establishing the Applicant as the Sino-Forest Group's international expansion vehicle, the Applicant will be in a position to focus on international asset acquisition opportunities, and expansion into new markets. The Forest Estate will be consolidated with the Sino-Forest Group's existing and future international assets, allowing for the more effective and focussed management and resourcing of the Forest Estate and other investments.

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)(v) - Additional investment for development purposes

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

More informationAdrien Hunter
Chapman Tripp
PO Box 2206
AUCKLAND 1140