04 April 2016

Foreign Investment: Land Information v. Carbon Conscious

In what is the first Overseas Investment Act prosecution for buying land without consent, local subsidiary of listed Australian company Carbon Conscious Ltd was fined $40,000 for being party to a scheme concealing its purchase of sensitive land.
Carbon Conscious NZ Ltd, in a hurry during 2012 to plant new forest in order to earn carbon credits for sale, used a newly-formed company owned by the general manager’s wife as interim purchaser so that planting could get underway whilst an Overseas Investment Act application worked its way through the political process.
The High Court was told Gisborne-based Katey LR Investments Ltd was used for the $335,000 land purchase.  This purchase was supported by a side agreement.  Carbon NZ agreed with Katey LR to acquire the trees and their attached carbon credits and also signed an option to purchase the land.  Sole director and shareholder of Katey LR Investments is Katey Louise Reynolds, wife of Carbon NZ’s general manager.  Katey LR is deemed to be an “associate” of Carbon NZ.  Since Carbon NZ was required to get Overseas Investment consent prior to the purchase, so too should have Katey LR.
Carbon NZ said it acted on legal advice in setting up an interim purchaser.  It has since changed lawyers, it told the court.
Land Information v. Carbon Conscious – High Court (4.04.16)

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