Applicant
William P. Foley II
Case number(s)
201210047
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Decision date30 May 2012
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in a further 25% of the shares in Wharekauhau Country Estate Limited which owns or controls a freehold interest in 1,439.0082 hectares of land at Wharekauhau and Wharepapa farms, Wairarapa.
Consideration$1,500,000
ApplicantWilliam P. Foley II
United States of America (100%)
VendorNico De Lange, Kristine De Lange, Independent Trust Company (2010) Limited as trustees for the N&K Family Trust
New Zealand (100%)
Background

The Applicant intends to acquire the vendor’s 25% shareholding in Wharekauhau Country Estate Limited (WCEL) and provide WCEL with further capital it requires to operate and develop its resort and farming business and undertake further development works in the future.

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)(iii) – Increased export receipts
17(2)(a)(v) – Additional investment for development purposes

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

More informationGavin J Macdonald
Bell Gully
PO Box 4199
AUCKLAND 1140