07 August 2012

Crafar Frams: Tiroa E Trust v. Land Information


Government encouragement for inwards capital investment has been boosted by a broad Court of Appeal interpretation of what amounts to appropriate business experience when seeking official approval.  Proven general business experience will suffice; it is not necessary that intending investors have detailed experience in the business activity to be purchased.
The Overseas Investment Act requires political consent for foreign purchases of New Zealand farmland.  A consortium backed by businessmen Sir Michael Fay and David Richwhite sought to block the sale of sixteen dairy farms to a Hong Kong registered company, Milk NZ, which had bid for the farms put up for sale by receivers of Crafar Farms.
The Fay consortium, having bid a lower price for the Crafar assets, argued owners of Milk NZ did not have the necessary farming experience to manage the farms.  The Act requires intending purchasers to have “business experience and acumen relevant to” the business.
The Court of Appeal ruled that it is sufficient in this case for the foreign investor to have experience in managing large investments as an on-going business enterprise.
Mr Jiang, the successful Chinese investor and entrepreneur backing Milk NZ, has experience in agribusiness generally.  It is proposed that day to day management of the farms will be contracted out to New Zealand based operators with industry specific experience, such as government-owned Landcorp.
Tiroa E & Te Hape B Trusts v. Land Information – Court of Appeal (7.08.12)
12.023