Applicant
Marstel Terminals Limited
Case number(s)
201110102
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 12(a) Overseas Investment Act 2005
Decision date4 November 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a leasehold interest in 1.1892 hectares of land at Gabador Place, East Tamaki, Auckland.
Lease Value$2,334,180
ApplicantMarstel Terminals Limited
State Authorities Superannuation Trustee Corporation, Australia (45.0%)
Marstel Holdings Limited, New Zealand (50.0%)
Oleate Pty Limited, Australia (5.0%)
VendorPorts of Auckland Limited
New Zealand (100%)
Background

The acquisition in July 2007 of the leasehold interest in the land at Gabador Place allowed the Applicant to support the Wynyard Quarter redevelopment and in agreement with Ports of Auckland Limited (POAL) work together to achieve the eventual relocation of the Applicant’s Hamer Street terminal.

The Applicant has now sought retrospective consent for the acquisition.

The overseas investment transaction has satisfied the criteria in section 16 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was satisfied by particular reference to the following factors:

Overseas Investment Regulations 2005
28(e) – Previous investments
28(g) – Enhance the viability of other investments

More informationNeil Millar/Amanda Spratt
Minter Ellison Rudd Watts (Auckland)
PO Box 3798
AUCKLAND 1140
Retrospective penalty$4,000.00