Applicant
Bathurst Resources Limited
Case number(s)
201210059
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) Overseas Investment Act 2005
Decision date24 July 2012
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in 269.5898 hectares of land at Nightcaps, Southland.
Consideration$14,150,000
ApplicantBathurst Resources Limited
Australian Public (87.5%)
New Zealand Public (11.17%)
Various overseas persons (1.33%)
VendorJohn Douglas Carmichael, Sandra Robyn Carmichael and AWS Trustees No 30 Limited as trustees of the Jubilee Hill Farm Trust
New Zealand (100%)
Background

The Applicant is currently operating a coal mine on part of the land under an agreement with the landowners. The balance of the land is being farmed by the landowners. The Applicant's mine plans have evolved to the point where it is no longer practical for farming and mining to co-exist on the land. The Applicant is purchasing the land to ensure it can progress its existing and planned mining operations.

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 and retention of jobs
17(2)(a)(iv) – Added market competition/greater efficiency and productivity

Overseas Investment Regulations 2005
28(a) – Consequential benefits
28(d) – Owner to undertake other significant investment
28(e) – Previous investments
28(f) – Advance significant government policy or strategy
28(g) – Enhance the viability of other investments
28(i) – Economic interests
28(j) – Mitigating factor

More informationBrigid McArthur
Greenwood Roche Chisnall
PO Box 25501
WELLINGTON