Applicant
NX2 Consortium
Case number(s)
201620031
Decision date
Type
Decision
DecisionConsent granted
Section 12(a) Overseas Investment Act 2005
Section 13(1)(b) Overseas Investment Act 2005
Section 13(1)(c) Overseas Investment Act 2005
Decision Date18 October 2016
Investment

An overseas investment in sensitive land, being the Applicant’s acquisition of a leasehold interest in approximately 1,700 hectares of land for the purpose of constructing and maintaining the Pūhoi to Warkworth Road.

An overseas investment in significant business assets, being the Applicant’s acquisition of leasehold rights where the consideration for such rights exceeds $100 million and the establishment of a business in New Zealand where the total expenditure required before commencing business exceeds $100 million.

ConsiderationIn excess of $100,000,000
ApplicantNX2 LP, NX2 Hold LP, NX2 GP Limited and NX2 Hold GP Limited, collectively the NX2 Consortium
Accident Compensation Corporation, New Zealand (38.3%)
Public Infrastructure Partners II LP, New Zealand (38.3%)
ACCIONA S.A., Spain (10.0%)
Fletcher Building Limited, Various (13.4%)
VendorNew Zealand Transport Agency
New Zealand Government, New Zealand (100%)
Background

The Applicant is acquiring a leasehold interest in approximately 1,700 hectares of land for the purpose of constructing and maintaining the Pūhoi to Warkworth Road which forms part of the New Zealand Government’s “Roads of National Significance” programme.

The Applicant was chosen by the New Zealand Transport Agency as the preferred bidder to undertake the project. The project will be undertaken through a public private partnership whereby the Applicant will be required to:

  • design, construct and finance the Pūhoi to Warkworth road (this is expected to take approximately five years); and
  • once the road is completed, manage and maintain the road for a 25 year term.

The overseas investment transaction has satisfied the criteria in sections 16 and 18 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)(ii) – New technology or business skills
17(2)(a)(iv) – Greater efficiency or productivity
17(2)(e) – Walking access

Overseas Investment Regulations 2005
28(a) – Consequential benefits
28(c) – Affect image, trade or international relations
28(f) – Advance significant Government policy or strategy
28(h) – Strategically important infrastructure
28(i) – Economic interests
28(j) – Oversight and participation by New Zealanders

More information

Chris Bargery
Anderson Lloyd
P O Box 399
Shortland Street
Auckland 1140