Applicant
Staples, Inc.
Case number(s)
201510046
Decision date
Type
Decision
DecisionConsent granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision Date14 October 2015
Investment

An overseas investment in sensitive land, being the Applicant’s, or Staples AMS, Inc.’s, acquisition of rights or interests in 100% of the shares of Office Depot, Inc., which owns or controls:

  • a leasehold interest in approximately 2.7600 hectares of land at 196-208 Middleton Road, Johnsonville, Wellington; and
  • a leasehold interest in approximately 2.3811 hectares of land at 460 Rosebank Road, Avondale, Auckland.

An overseas investment in significant business assets, being the Applicant's, or Staples AMS, Inc.’s, acquisition of rights or interests in 100% of the shares of Office Depot, Inc., where the value of the New Zealand assets of Office Depot, Inc. and its 25% or more subsidiaries is greater than $100m.

Asset Value$232,424,000
ApplicantStaples, Inc.
United States Public (81.11%)
The Vanguard Group, Inc., United States of America (7.65%)
BlackRock, Inc, United States of America (5.9%)
FMR LLC, United States of America (5.33%)
Canadian Public (0.01%)
VendorExisting shareholders of Office Depot, Inc.
United States Public (63.81%)
Starboard Value LP (and related entities), United States of America (9.9%)
AllianceBernstein LP, United States of America (8.6%)
BlackRock Institutional Trust Company, N.A., United States of America (7.0%)
The Vanguard Group, Inc., United States of America (5.83%)
Various overseas persons (4.86%)
Background

The Investment is part of an international transaction, involving Staples, Inc. acquiring Office Depot, Inc. for approximately US$6.3 billion.

Staples, Inc. considers that the complementary nature of the two organisations gives an opportunity to realise significant synergies and savings while investing in key growth priorities.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 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)(iv) – Greater efficiency or productivity

Overseas Investment Regulations 2005
28(c) – Affect image, trade or international relations
28(e) – Previous investments

More informationDavid Hoare
Russell McVeagh
PO Box 8
AUCKLAND