Decision | Consent granted retrospectively Section 12(b) Overseas Investment Act 2005 Section 13(1)(c) Overseas Investment Act 2005 |
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Decision Date | 1 December 2016 |
Investment | An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 49.7% of the shares of Craggy Range Vineyards Limited which owns or controls:
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Consideration | $126,000,000 |
Applicant | Chamois Limited David Arden Peabody, Australia (100.0%) |
Vendor | Craggy Range Vineyards Limited – Existing Shareholders Peabody Family, Australia (99.0%) New Zealand (1.0%) |
Background | The underlying objective of the Applicant’s Investment is to effect an internal family restructure designed to improve the Applicant’s debt-equity mix in funding the Vendor (which it has done for some years by making significant previous investment). The Vendor has a long history in wine exporting and within the New Zealand wine industry. Across two share acquisitions, the Investment will result in the Applicant owning 49.7% of the total shares of the Vendor once the transaction is complete. The Vendor will in turn have access to an additional NZ$126 million in capital to enable the Vendor to pursue some significant development plans. 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 |
More information | Andrew Petersen Bell Gully PO Box 4199 Auckland 1140 |
Retrospective penalty | $8,000.00 |
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