Applicant
Emerald Foods Group (HK) Limited
Case number(s)
201420065
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) and 12(b) Overseas Investment Act 2005
Decision date23 April 2015
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of a freehold interest in approximately 0.8195 hectares of land at 1 Accent Drive, East Tamaki, Auckland; and

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100% of the securities of Emerald Foods Limited (being a 100% subsidiary of Emerald Group Limited), which owns or controls a leasehold interest in approximately 0.8195 hectares of land at 1 Accent Drive, East Tamaki, Auckland.

Consideration$54,500,000
ApplicantEmerald Foods Group (HK) Limited
Australia (80%)
United States Public (15.6807%)
Various overseas persons (4.3193%)
VendorEmerald Group Limited
New Zealand (100%)
Background

The Vendor, including subsidiaries of the Vendor, manufactures, distributes and exports ice cream and sorbet products from the land and operates a global ice cream parlour/outlet franchise network and associated activities.

The Applicant intends to develop the business located on the land, with particular regard to increasing exports to China.
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)(iii) – Increased export receipts
17(2)(a)(v) – Additional investment for development purposes

Overseas Investment Regulations 2005
28(a) – Consequential benefits

More informationMatthew Olsen
Mayne Wetherell
PO Box 3797
Shortland Street
AUCKLAND 1140