12 March 2018

Overseas Investment: R. v. Tang

Four Chinese nationals were penalised $891,000 following the purchase of a $5.1 million Auckland residential property which proved to be in breach of the Overseas Investment Act.  Net profits on resale were liable for confiscation.
In 2013 Wenbing Tang purchased a Riddell Road property in Glendowie on behalf of a consortium of three Chinese investors: Xianghua Huang, Binyan Zhou and Binzhi Ouyang.  This amounted to a purchase of ‘sensitive land’ as defined by the Overseas Investment Act: the property exceeds 0.4 hectares and has a sea frontage.  No government consent was sought.
The High Court was told Mr Tang is an experienced property investor.  Neither the real estate agent nor his lawyer raised the issue of Overseas Investment consent being required.  Mrs Huang, Mr Zhou and Mr Ouyang were also in breach of the Act.
The Overseas Investment Act imposes civil penalties for any breach.  Mr Tang was fined $110,000.  He is an experienced businessman, said Justice Lang.  The ‘OIA consent’ tickbox on the front of sale and purchase agreements should have raised questions.  The three Chinese purchasers made a net profit of just over $806,300 after selling Riddell Road for $6.15 million.  This amounted to a profit of just under $269,000 each.  Justice Lang ruled against confiscation of the entire net profit.  Their co-operation merited a reduction.  They admitted liability after learning they had breached the Act.  Mrs Huang and Mr Ouyang were each ordered to pay $229,500; Mr Zhou $243,000.  Mr Zhou did not appoint a local lawyer.  This caused increased legal costs for the Overseas Investment Office having to apply for alternative service of legal proceedings.
Land Information v. Tang – High Court (12.03.18)

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