Applicant
Sealord Group Limited, Westfleet Seafoods Limited
Case number(s)
201210069
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 57B of the Fisheries Act 1996
Decision date5 September 2012
Investment

(a) The acquisition of rights or interests by Sealord Group Limited (and/or a 100% subsidiary of Sealord Group Limited) of up to 100% of the shares of Westfleet Seafoods Limited; and

(b) The acquisition by Westfleet Seafoods Limited (and/or 100% subsidiaries of Westfleet Seafoods Limited) of various quota shares and annual catch entitlement.

Applicant

Sealord Group Limited
Aotearoa Fisheries Limited, New Zealand (50%)
Nippon Suisan Kaisha Limited, Japan (50%)

Westfleet Seafoods Limited
Sealord Group Limited (50%)
Endurance Fishing Company Limited, New Zealand (50%)

Vendor

Sealord Group Limited
Aotearoa Fisheries Limited, New Zealand (50%)
Nippon Suisan Kaisha Limited, Japan (50%)

Various fishing quota holders

Background

Sealord Group Limited’s (“Sealord”) acquisition of shares in Westfleet Seafoods Limited (“Westfleet”) provides an opportunity to market Westfleet’s frozen products through Sealord’s extensive international networks and is consistent with Sealord’s strategy to build a “fresh” business (Sealord’s business is predominately in frozen fish).

Westfleet has acquired additional quota and annual catch entitlement (“ACE”) and wishes to acquire further quota and ACE to enable it to grow its business further.

The overseas investment transaction has satisfied the criteria in Section 57G of the Fisheries Act 1996. The 'national interest' criterion was satisfied by particular reference to the following factors:

Fisheries Act 1996
57H(2)(a)(i) – Creation of new job opportunities
57H(2)(a)(iii) – Increased export receipts
57H(2)(a)(iv) – Greater efficiency or productivity
57H(2)(a)(vi) – Increased processing of fish and aquatic life

More informationChris Bougen
Chapman Tripp
PO Box 993
WELLINGTON 6140
Retrospective penalty$15,000