Applicant
AMAL New Zealand Limited
Case number(s)
201320024
Decision date
Type
Decision
DecisionConsent Decided
Section 13(1)(c) Overseas Investment Act 2005
Decision date1 November 2013
Investment

An overseas investment in significant business assets, being the acquisition of property in New Zealand, used in carrying on business in New Zealand (in a series of related or linked transactions) that property being security arrangements, for a total consideration exceeding $100M, by:

  • the PSIS Warehouse Trust from The Co-Operative Bank Limited; and
  • a new trust from the PSIS Warehouse Trust and/or the Co-Operative Bank Limited

where the Applicant, as Trust Manager with the powers to control the appointment of the Trustees of both trusts, is an overseas person.

ConsiderationWill exceed $100 million
ApplicantAMAL New Zealand Limited
AMAL Asset Management Limited, Australia (100%)
VendorThe Co-operative Bank Limited
New Zealand Public (97.88%)
Various overseas persons (2.12%)
Background

The Applicant (AMAL) is the trust manager of the PSIS Warehouse Trust which currently holds equitable interests in loans and mortgages (under $100 million) the legal interest in which remains held by The Co-operative Bank Limited. AMAL proposes establishing a second trust on similar terms.

The Co-Operative Bank Limited proposes to increase the value of each of the trusts beyond the $100,000,000 threshold by transferring the equitable interest in additional loans and mortgages of each of the Trusts over time.

The overseas investment transaction has satisfied the criteria in section 18 of the Overseas Investment Act 2005.

More informationChris O'Brien
Minter Ellison Rudd Watts
PO Box 2793
WELLINGTON