Applicant
Heineken International B.V.
Case number(s)
201220031
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005Section 13(1)(a) Overseas Investment Act 2005
Decision date9 October 2012
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in up to 100% of the shares of Asia Pacific Breweries Limited which owns or controls:

  • a freehold interest in 13.4195 hectares of land at Waitemata Brewery, Otahuhu;
  • a freehold interest in 9.0442 hectares of land at Tui Brewery, Mangatainoka; and
  • a leasehold interest in 1.3192 hectares of land at Glenfield Tavern.


An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in up to 100% of the shares of Asia Pacific Breweries Limited, the value of the assets of Asia Pacific Breweries Limited and its 25% or more subsidiaries being greater than $100m.
Consideration$331,000,000 (being the asset value of DB Breweries Limited)
ApplicantHeineken International B.V.
Heineken Family, Netherlands (22.6193%)
Various (24.0575%)
North American Public (20.1462%)
Fomento Economico Mexicano, S.A.B. de C.V. (FEMSA), Mexico (20.0002%)
United Kingdom Public (8.2506%)
Greenfee B.V, Netherlands (2.9248%)
Dutch Public (2.0014%)
VendorExisting shareholders of Asia Pacific Breweries Limited other than Heineken International B.V.
Fraser and Neave, Limited, Singapore (73.2951%)
Singapore Public (26.7049%)
Background

The Applicant currently owns approximately 46% of Asia Pacific Breweries Limited (“APBL”) and aims to increase its shareholding up to 100%. APBL owns 100% of DB Breweries Limited.

The Applicant's goal is to grow its presence in emerging markets (such as Asia). Acquiring APBL provides a unique opportunity for the Applicant to achieve its goal.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 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)(v) – Additional investment for development purposes
17(2)(d) – Historic heritage

Overseas Investment Regulations 2005
28(c) – Affect New Zealand’s image overseas
28(e) – Previous investments

More informationCraig Nelson
Simpson Grierson
Private Bag 92518
Wellesley Street
AUCKLAND