Applicant
GMO Forestry Fund 9, L.P.
Case number(s)
201020069
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) Overseas Investment Act 2005
Decision date11 March 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in 1,149.3972 hectares of land at 3818 & 3335 Western Bay Road, SHW 32 and 17 & 301 Hingarae Road, Lake Taupo.
ConsiderationCONFIDENTIAL
ApplicantGMO Forestry Fund 9, L.P.
United States Public (71.0%)
United Kingdom Public (20.43%)
Canadian Public (4.62%)
Hong Kong Public (3.95%)
VendorLake Taupo Protection Trust
New Zealand (100%)
Background

The Applicant proposes to acquire the land which is owned by the Lake Taupo Protection Trust (the vendor), a charitable trust established to protect and improve Lake Taupo's water quality by reducing annual nitrogen discharges entering Lake Taupo by a minimum of 20% by 2020.

The Applicant will enter into a Nitrogen Management Deed with the Lake Taupo Protection Trust which requires it (and subsequent owners of the land) to use the land so that is has a nitrogen discharge allowance of 5kg, or less, of nitrogen per hectare per annum for the land for 999 years. The Applicant intends to establish a pinus radiata forest plantation on the land to comply with these requirements.

The investment provides a further opportunity for GMORR to invest in timberlands in New Zealand thus expanding its existing New Zealand forestry investments.

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)(v) – Additional investment for development purposes

Overseas Investment Regulations 2005
28(a) – Consequential Benefits
28(c) – Affect image, trade or international relations
28(e) – Previous investments
28(f) – Advance significant government policy or strategy

More informationMartin Thomson
DLA Phillips Fox
PO Box 160
AUCKLAND