Applicant
GMO Glenburn Limited
Case number(s)
201120028
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 12(a) Overseas Investment Act 2005
Decision date15 November 2011
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in 3.9672 hectares of land at Glenburn Station, Wairarapa.
Consideration$0
ApplicantGMO Glenburn Limited
Grantham Mayo Van Otterloo & Co LLC, United States of America (51.0%)
Eva Greger Morse, United States of America (19.845%)
Robert Saul, United States of America (15.435%)
Ian Gordon Jolly, Kristine Jean Jolly and Colin Stanley McGregor as trustees of the Jolly Family Trust, New Zealand (13.72%)
VendorGlenburn Station 2007 Limited
Helen McFadzean and John McFadzean and the Glenbrae Trust, New Zealand (100.0%)
Background

In March 1998 the Applicant obtained consent to acquire 5,899.092 hectares of land known as Glenburn Station on the east coast of the South Wairarapa.

In June 2002 the Applicant obtained consent to acquire the adjoining 630.4399 hectares of land known as the Dunolly Block situated at Craigie Lea Road, Masterton.

In March 2007 the Applicant sold Glenburn Station to Brooklands Station 2005 Limited. The ownership of Glenburn Station has since been restructured so that it is now owned by the vendor.

Trees have been planted right up to the physical fence of the Dunolly Block as all parties considered that the physical fence was the legal boundary. The acquisition represents a boundary adjustment to realign the legal boundary with the physical fence dividing Glenburn Station and the Dunolly Block.

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

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

More informationMartin Thomson
DLA Phillips Fox
PO Box 160
AUCKLAND
Retrospective penaltyn/a