Applicant
Buller Coal Limited
Case number(s)
201310011
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) Overseas Investment Act 2005
Decision date23 October 2013
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in approximately 240.0263 hectares of land situated at State Highway 67, Waimangaroa.
Consideration$7,500,000
ApplicantBuller Coal Limited
Australian Public (86.06%)
New Zealand Public (13.94%)
VendorColligan Farm Limited
Bruce Alexander Colligan, New Zealand (100%)
Background

Buller Coal Limited (“Buller”) is an indirect 100% subsidiary of Bathurst Resources (New Zealand) Limited (“Bathurst”), a coal mining company listed on the New Zealand Stock Exchange.

Bathurst is developing a large coal mine on the Denniston Plateau near Westport known as the Buller Project. The Buller Project includes several distinct coal blocks, one of which is the Escarpment (the flagship mine of the Buller Project). The Escarpment is to be an open cast mine targeting high grade blend hard coking coal.

Buller proposes to construct a coal handling facility on the land to receive coal mined from its Escarpment mine and the wider Buller Project.

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) – Jobs
17(2)(a)(iii) – Increased export receipts
17(2)(a)(iv) – Greater productivity
17(2)(a)(v) – Additional investment for development purposes
17(2)(b) – Indigenous vegetation/fauna

Overseas Investment Regulations 2005
28(c) – Affect image, trade or international relations
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) – Oversight and participation by New Zealanders

More informationBrigid McArthur
Greenwood Roche Chisnall
PO Box 25501
WELLINGTON 6146