Applicant
DB Breweries Limited
Case number(s)
201220038
Decision date
Type
Decision
DecisionConsent granted retrospectively
Section 12(a) Overseas Investment Act 2005
Decision date19 June 2013
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a leasehold interest in approximately 1.3192 hectares of land at the corner of Glenfield Road and Downing Street, Glenfield (“the Land”).
ConsiderationAnnual rent of $155,000 plus GST
ApplicantDB Breweries Limited
Heineken International B.V., Netherlands (100%)
VendorHospitality Assets Limited (in receivership)
Alfred Ernest Wallis, New Zealand (50%)
Ian Garnett Shaw, New Zealand (50%)
Background

The Applicant has leased the land to develop and operate a new gastro bar named The Postman’s Leg. The Applicant will manage the Investment through its 60% shareholding in Barworks Group Limited (“Barworks”). The Investment will further advance Barworks’ goal of being New Zealand’s leading hospitality company in terms of quality and profitability.

The overseas investment transaction has satisfied the criteria in section 16 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was 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) – Greater efficiency and productivity

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

More informationCraig Nelson
Simpson Grierson
Private Bag 92518
Wellesley Street
AUCKLAND
Retrospective penaltyNo penalty applied.