Applicant
An investor in Torchlight Fund No. 1 LP
Case number(s)
201110032
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision date1 September 2011
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 27.19% of the units of Torchlight Fund No. 1 LP which owns or controls:

  • a freehold interest in 202.2259 hectares of land at Maori Jacks Road, Jacks Point, Queenstown and Outlet & Aubrey Roads, East Wanaka; and
  • a mortgage over 18.0966 hectares of land at Jacks Point, Queenstown.
An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 27.19% of the units of Torchlight Fund No. 1 LP, the value of the assets of Torchlight Fund No. 1 LP and its 25% or more subsidiaries being greater than $100m.
Consideration$40,800,000
ApplicantThe applicant is an investor in Torchlight Fund No. 1 LP. Releasing its identity would be contrary to section 115(2) of the Limited Partnership Act 2008, and accordingly its identity is withheld under section 18(c)(1) of the Official Information Act 1982.
Vendor

The vendor is an investor in Torchlight Fund No. 1 LP. Releasing its identity would be contrary to section 115(2) of the Limited Partnership Act 2008, and accordingly its identity is withheld under section 18(c)(1) of the Official Information Act 1982.
Pyne Gould Corporation Limited, New Zealand (100.0%)

Background

The overseas investment transaction will provide additional capital for the ongoing residential developments at Maori Jacks Road, Jacks Point, Queenstown and Outlet & Aubrey Roads, East Wanaka.

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)(iv) – Added market competition/productivity
17(2)(a)(v) – Additional investment for development purposes

Overseas Investment Regulations 2005
28(a) – Consequential Benefits
28(j) – Mitigating Factor

More informationSusie Kilty
Buddle Findlay
PO Box 2694
WELLINGTON 6140
Retrospective penalty$10,000.00