Applicant
Marstel Terminals Limited
Case number(s)
201110103
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 2.4972 hectares of land at the corner of Brigham and Hamer Streets Freemans Bay Auckland.
Lease Value$15,977,078
ApplicantMarstel Terminals Limited
State Authorities Superannuation Trustee Corporation, Australia (45.0%)
Marstel Holdings Limited, New Zealand (50.0%)
Oleate Pty Limited, Australia (5.0%)
VendorAuckland Waterfront Development Agency
New Zealand (100%)
Background

The acquisition in June 2010 of the leasehold interest in the Wynyard Point terminal allowed the Applicant to integrate the terminal with its nearby Hamer Street bulk chemical storage facility, providing economies of scale, efficiency benefits, and the ability to relocate products between the terminals to lower the chemical risk at the terminals.

The Applicant has now sought retrospective consent for that 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 Act 2005
17(2)(a)(i) – Creation/Retention of jobs
17(2)(a)(ii) – New technology or business skills
17(2)(a)(v) – Additional investment for development purposes

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