Applicant
FourFive New Zealand Limited
Case number(s)
201610026
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Section 13(1)(a) Overseas Investment Act 2005
Decision Date24 June 2016
Investment

An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100% of the shares of PLT New Zealand Limited which owns or controls:

  • a freehold interest in approximately 12.6383 hectares of land at 21 Graham Collins Drive, Mairangi Bay, North Shore; and
  • a freehold interest in approximately 4.3888 hectares of land at The Peninsular Club, 441 Whangaparaoa Road, Whangaparaoa, Hibiscus Coast.

An overseas investment in significant business assets, being the Applicant's acquisition of rights or interests in 100% of the shares of PLT New Zealand Limited, the consideration of which exceeds $100 million.

Consideration$240,000,000
ApplicantFourFive New Zealand Limited
United States Public (65.06%)
Cayman Islands Public (11.08%)
Various overseas persons (23.86%)
VendorPLT New Zealand Pty Limited
Various, Australia (38.53%)
HSBC Custody Nominees (Australia) Limited, Australia (22.79%)
J. P. Morgan Nominees Australia Limited, Australia (16.2%)
National Nominees Limited, Australia (15.83%)
Citicorp Nominees Pty Limited, Australia (6.65%)
Background

PLT New Zealand Limited (“PLTNZ”) owns (through various subsidiaries) five retirement villages in New Zealand; four are located in Auckland (Knightsbridge, Mayfair, Parklane and The Peninsula Club) and one is located in Mt Maunganui (Ocean Shores).

The Applicant has submitted that it is attracted to PLTNZ and its subsidiaries because it considers there is a substantial growth requirement for housing the ageing population in New Zealand, and that it has the capital depth and the risk-return profile suited to investing in existing and completed retirement villages.

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)(i) – Jobs

Overseas Investment Regulations 2005
28(a) – Consequential benefits
28(f) – Advance significant Government policy or strategy

More informationMark Stuart
Minter Ellison Rudd Watts
PO Box 3798
AUCKLAND 1140