Decision | Consent granted Section 12(b) Overseas Investment Act 2005 |
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Decision Maker | The Minister for Land Information and Hon Stuart Nash |
Decision Date | 6 July 2020 |
Pathway(s) | Sensitive land – substantial and identifiable benefit to New Zealand |
Investment | An overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 6.99% of the Shares of Malta Co. which owns or controls:
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Asset Value | $20,800,000 |
Applicant | Oceanwood Investments Master SPC on behalf of the Oceanwood Norske Skog Master Segregated Portfolio United States Public (56.97%) Australian Public (15.59%) Cayman Islands Public (10.49%) Various overseas persons (9.81%) Saudi Arabian Public (7.14%) |
Vendor | Oceanwood Special Situations Malta Limited, Crown Managed Accounts SPC, and Oceanwood Opportunities Master Fund United States Public (49.75%) Various overseas persons (21.24%) Australian Public (21.2%) Saudi Arabian Public (7.81%) |
Background | Oceanwood is an investment banking group headquartered in the United Kingdom, which manages a number of funds on behalf of institutional investors. Oceanwood has an existing investment in Norske Skog Tasman Limited which owns approximately 380 hectares of sensitive land in New Zealand, including the Tasman pulp and paper mill in Kawerau. This investment represents a tiny fraction (less than one percent) of the Oceanwood investment portfolio. The funds managed by Oceanwood are continually rebalanced due to ongoing subscriptions and redemptions, which will trigger the Overseas Investment Act if any individual fund acquires a 25% or more indirect interest or increases an existing 25% or more indirect interest in sensitive land. These transactions occur far upstream of any New Zealand connection. Oceanwood sought consent to undertake rebalancing transactions on the basis that because the investment funds are widely held and no individual investor has any control over any fund it would be administratively unworkable for it to comply with its obligations under the Overseas Investment Act. It also sought consent for a technical change to its management entity. Ministers granted consent to future rebalancing within the Oceanwood funds subject to conditions which will ensure that the overall ownership by any client of Oceanwood will not exceed the 25% ownership threshold. |
More information | Matthew Olsen Mayne Wetherell PO Box 3797 Shortland Street AUCKLAND |