Case 202300090- Conditions of Consent
Special conditions
You must comply with the following
special conditions. These apply specifically to this
Consent and include conditions that we must impose under the Act:
1982
Details
Required date
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Automatic condition: National Interest
You must not, in relation to the Asset and Land, act or omit to act with At all times
a purpose or an intention of adversely affecting national security or
public order.
Special condition 1: Land must be used for Forestry Activities
The Land must be used exclusively, or nearly exclusively, for Forestry At all tim
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Activities except as otherwise permitted by these Conditions.
If you do not comply with this condition, Standard Condition 6 wil apply, and we may require you to
dispose of the Land.
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Special condition 2: Crop of trees must be harvested
You must ensure that no more than 5% (by area) of the crop of trees
At all times
the
on the Land is older than the species age limit.
For Pinus radiata, species age limit is 35 years.
For all other species, the species age limit is as determined by LINZ.
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If you do not comply with this condition, Standard Condition 6 wil apply, and we may require you to
dispose of the Land.
Special condition 3: Replant the crop of trees after harvest
You must replace each crop of trees you harvest with a new crop of
Within 3 years of harvest
trees (Replant). You may Replant on a like- for-like basis or on any
(or as otherwise permitted
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similar basis.
by this condition)
You must replant the 599.7 ha area of recently harvested land.
This condition does not require you to:
(a)
Replant the Land with the same species of tree; or
(b)
Do anything in breach of any other Act, regulation, rule, bylaw,
or that is otherwise contrary to law.
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Required date
For the avoidance of doubt, this condition does not require you to plant
over archaeological or wāhi tapu area and does not limit Special
Condition 1 (Land must be used for forestry activities).
Special condition 4: Non-occupation outcome
None of the following people may occupy the Land acquired under this At all times
Consent:
(a)
You;
(b)
Any overseas person with a more than 25% ownership of
control interest in any of the people in (a);
(c)
Any overseas person who occupies the Land other than on
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arm’s length terms.
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(d)
Any overseas person who has a beneficial interest in, or
beneficial entitlement to, the relevant interest in the Land;
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If (a) is a trust, any beneficiary (direct or indirect) who may benefit
under the trust at the trustees’ discretion.
Special condition 5: Existing arrangements
You must implement and maintain:
At all times
(a)
any existing arrangements in respect of the Land that are for a
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specified purpose as set out in Regulation 29 of the
Regulations (Arrangements).
(b)
all Arrangements, including Arrangements you did not identify
in your application for consent.
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If you do not comply with this condition, Standard Condition 6 wil apply, and we may require you to
dispose of the Land.
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Special Condition 6: Protection of sites of significance
You must:
(a)
take appropriate steps to preserve any historic, wāhi tapu or
At all times
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archaeological sites on the land (Sites) in consultation with Iwi
and Hapū, the Department of Conservation, the New Zealand
Archaeological Association and the New Zealand Historic
Places Trust); and
(b)
comply with the provisions of the Heritage New Zealand
Pouhere Taonga Act 2014 and any other relevant legislation in
relation to the Si
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In relation to the heritage site number
6445, you must:
(c)
consult with Whakatane District Council to understand the
obligations and provisions that may apply to this site.
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6 ‘At arms length terms’ has the meaning in clause 17, Part 5, Schedule 2 of the Overseas Investment Act
2005. In summary it means terms, for example under a lease (or other contract), that are on a reasonable
commercial basis.
7 This is due to the fact that the site is scheduled in the Whakatane District Council Operative District Plan as
site CH4 on 16.7.2 Schedule of cultural and archaeological heritage features.
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Details
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If you do not comply with this condition, Standard Condition 6 will
apply and we may require you to dispose of the Land.
Special Condition 7: Permit system
You must continue to maintain a permit system to allow public access
At all times
to the various parties who wish to access the land for recreational
purposes.
For the avoidance of doubt, access permits may refused or be subject
to reasonable limitations, for reasons including:
•
prohibiting or limiting access for operational reasons (like
during planting and harvest or to manage the risk of fire),
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•
defining the times and frequency of access, entry and exit
points, routes, and activities undertaken on the Land,
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•
rules to manage for health and safety and other risks
(including communications, insurance requirements, and
induction processes),
•
to ensure the access does not disturb or cause a nuisance to
the vegetation and activities on the Land.
You must advertise and promote the permit system in one other way
At all times
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(in addition to advertisement on the forest managers website).
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
dispose of the Land.
Special Condition 8: Log supply agreement
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You must continue to supply logs to Oji Fibre Solutions Limited
At all times
pursuant to the existing agreement for sale an
the d purchase of pulplog
between GTI 8 New Zealand Limited and Oji Solutions Limited, dated
8 March 2018.
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
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dispose of the Land.
Special Condition 9: Environmental Programme Agreement
You must comply with the protection activities and commitments
At all times
agreed to under the Environmental Programme Agreement.
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
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dispose of the Land.
Special Condition 10: Agreement for open space covenant with QEI
You must enter into an Open Space covenant
8 with QEII, pursuant to
Pursuant to the
the QEII Covenant Agreement.
agreement
8 Covenant number 5-03-1064.
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Details
Required date
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
dispose of the Land.
Special condition 11: Epic Events Land Use
You must comply with the land use agreement entered into between
At all times
GTI 8 New Zealand Limited and Epic Moto Limited T/A Epic Events,
dated 20 October 2022.
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
dispose of the Land.
Special Condition 12: Forestry management plans
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Your forestry management plans must include processes to provide
At all times
for the following:
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(a)
Ensuring that public access to unformed legal roads on the
Land is not unreasonably or deliberately obstructed other than
where required for reasonable health and safety reasons or to
comply with condition c) below
9, or that if any obstruction,
encroachment, or restriction is required over an unformed legal
road the local authority is contacted prior and the requirements
of any relevant legislation are met; and
(b)
Ensuring (a) is complied with for the unformed legal road
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intersecting Tāneatua Forest that provides legal access to two
adjoining blocks, Waiotane Scenic Reserve and ROT
SA726/208.
(c)
Engaging with the Department of Conservation to take
instruction on which roads wil be blocked on the boundary of
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the conservation land.
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
the
dispose of the Land.
Special Condition 13: ETS Registration
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You must not register more than 5% (by area) of the crop of trees on
At all times
the Land as “permanent forestry” (or in any category similar to
permanent forestry) in the Emissions Trading Scheme established
under the Climate Change Response Act 2002 (or any replacement for
that scheme or enactment).
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
dispose of the Land.
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Special Condition 14: Comply with National Environmental Standards for Plantation
Forestry
You must comply with the Resource Management (National
At all times
Environmental Standards for Plantation Forestry) Regulations 2017
(as amended), or any replacement to the regulations.
9 Particularly where this would impede access to adjoining public conservation areas.
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Required date
If you do not comply with this condition, Standard Condition 6 wil apply and we may require you to
dispose of the Land.
Special condition 15: Engagement with local Iwi and Hapū
You must use reasonable endeavours to engage with Iwi and Hapū
Initial y by 31 December
that have a legitimate interest in the Land, regarding:
2023 and thereafter, from
time to time where
•
access to or protection of historic places, wāhi tapu and wāhi
relevant or where
taonga (whether registered or not) to conduct their kaitiaki
approached by Iwi and
responsibilities
Hapū.
•
access to māhinga kai
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•
access to lwi or Hapū owned land adjoining the Land,
•
protection of waterways,
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•
plant pest and animal pest control, or
•
commercial opportunities for Iwi and Hapū to work with You
(such as by having opportunities to provide services to you).
You must make initial contact with each Iwi and Hapū specifically
By 31 December 2023
listed in the definition of Iwi and Hapū and share the contents of this
condition with them.
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You must establish a schedule of Iwi and Hapū with a legitimate
By 31 December 2023
interest in the Land.
You must maintain the schedule of Iwi and Hapū with a legitimate
At all times
interest in the Land.
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You must allow reasonable access on reasonable notice to the Land
At all times
for Iwi and Hapū with a legitimate interest in accessing the Land, such
the
as for:
•
Access to or protection of historic places, wāhi tapu and wahi
taonga (whether registered or not), to conduct their kaitiaki
responsibilities,under
•
access to mahinga kai, and
•
access to lwi or Hapū owned land adjoining the Land.
For the avoidance of doubt, access may be subject to reasonable
limitations, including:
•
prohibiting the carriage of firearms or dogs, except for the
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purposes of mahinga kai.
•
prohibiting access for operational reasons (like during planting
and harvest or to manage the risk of fire),
•
limiting the number of visitors (being Iwi and Hapū), the times
and frequency of access, entry and exit points, routes, and
activities undertaken on the Land,
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•
rules to manage for health and safety and other risks
(including communications, insurance requirements, and
induction processes), And
•
rules to ensure the access does not disturb or cause a
nuisance to the vegetation and activities on the Land.
You must ensure that each Iwi and Hapū on the schedule is aware
By 31 December 2023
of their right access the land, and any standard rules, conditions or
initial y, and thereafter
processes that You reasonably require them to comply with
as required
Standard conditions
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You must also comply with the
standard conditions set out below. These apply to all
overseas people who are given consent to acquire sensitive New Zealand land, including
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you:
Details
Required date
Standard condition 1: Acquire the Land and Asset
You must acquire the Land and Asset:
As stated in the Consent
1.
by the date stated in the Consent. If you do not,Information
your Consent wil lapse or become invalid and you
must not acquire the Land and Asset, and
2.
using the acquisition, ownership, and control
structure you described in your application.
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Note, only you - the named Consent Holder - may
acquire the Land and Asset, not your subsidiary, trust, or
other entity.
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Standard condition 2: Tel us when you acquire the Land and Asset
You must tell us in writing when you have acquired the
As soon as you can, and no
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Land and Asset.
later than two months after
Include details of:
Settlement
1.
the date you acquired the Land and Asset
(
settlement),
2.
consideration paid (plus GST if any),
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3.
the structure by which the acquisition was made
and who acquired the Land and Asset, and
4.
copies of any transfer documents and settlement
statements.
Standard condition 3: Al ow us to inspect the Land
Details
Required date
Sometimes it wil be helpful for us to visit the Land so we
At all times
can monitor your compliance with the Conditions.
We will give you at least two weeks' written notice if we
want to do this.
You must then:
1.
Al ow a person we appoint (
Inspector) to:
a.
enter onto the Land, including any building on
it, other than a dwelling, for the purpose of
monitoring your compliance with the
Conditions (
Inspection),
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b.
remain there as long as is reasonably
required to conduct the inspection,
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c.
gather information,
d.
conduct surveys, inquiries, tests, and
measurements,
e.
take photographs and video records, and
f.
do all other things reasonably necessary to
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carry out the Inspection.
2.
Take all reasonable steps to facilitate an Inspection
including:
a.
directing your employees, agents, tenants, or
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other occupiers to permit an Inspector to
conduct an Inspection,
the
b.
being available, or requiring your employees,
agents, tenants, or other occupiers to be
available, at all reasonable times during an
Inspection to facilitate access onto and across
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the Land. This includes providing transport
across the Land if reasonably required.
During an Inspection:
a.
we wil not compel you and your employees,
agents, tenants, or other occupiers to answer our
questions or to l
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documents,
b.
our Inspector wil comply with any reasonable
instruction and co-operate with any reasonable
health and safety policy or procedure you notify to
us before the Inspection.
Standard condition 4: Remain not unsuitable to Invest in New Zealand
Details
Required date
You, and to the extent that you are not an individual, the
At all times
Individuals Who Control You must remain not unsuitable
to own or control the Assets in accordance with section
18A(1) of the Act.
The
Individuals Who Control You are individuals who:
a. are members of your governing body
b. directly or indirectly, own or control more than 25%
of you or of a person who itself owns or controls
more than 25% of you, and
c. are members of the governing body of the people
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referred to in paragraph (b) above.
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Standard condition 5: Tel us about changes that affect you, the people who control
you, or people you control
You must tell us in writing if any of the following events
Within 20 working days after
happens to any of the Consent holders:
the change
1. You become aware that you and/or any Individual
Who Controls you establishes any of the investor
test factors listed in section 18A(4) of the Act. Information
2. You cease to be an overseas person or dispose of
all or any part of the Asset.
3. Your New Zealand Service Address changes. This
is the address you provided us in your application
as the address which we wil send any legal
Official
document we need to serve on you.
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Standard condition 6: Dispose of the Land if you do not comply with key special
conditions
If all or part of this Standard Condition 6 applies to a
special condition, we have said s
under o in that special
condition.
If we consider you have failed to comply with one of those
special conditions in a material way we may require you
to dispose of the Land.
We wil give you written notice if we require you to
dispose of the Land. A
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must:
Value the Land: obtain and send us a copy of a market
Within six weeks of the date
valuation of the Land from a New Zealand registered
of our notice
valuer.
Market the Land: instruct a licensed real estate agent to Within six weeks of the date
actively market the Land for sale on the open market.
of our notice
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Dispose of the Land: dispose of the Land to a third party Within six months of our
who is not your associate.
notice
Offer without reserve: if you have not disposed of the
Within nine months of our
Land within six months of our notice, offer the Land for
notice
sale by auction or tender without a reserve price or
minimum bid and dispose of the Land.
Report to us about marketing: tell us in writing about
By the last day of every
marketing activities undertaken and offers received for
March, June, September,
the Land.
and December after our
notice or at any other time
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we require
Report disposal to us: send us, in writing, evidence of
Within one month aft
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the following:
Land has been disposed of
a.
that you have disposed of the Land (including
copies of sale and purchase agreements,
settlement statements and titles showing the
purchaser as registered proprietor), and
b.
that the purchaser is not your associate.
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the
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Reporting conditions
We need information from you about how your investment plan is tracking so we can monitor
your progress against the Conditions.
In addition to Settlement reporting (as set out in Standard Condition 2), you must provide the
OIO with reports detailing the progress of the investment. The reports must:
1. be submitted via our
Webform by these dates:
a. Year 1 - 28 February 2024.
b. Year 2 - 28 February 2025.
c. Year 3 - 28 February 2026.
2. contain information about:
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a. your progress in implementing the special conditions (which can include
photographs, maps or aerial imagery as evidence of compliance with relevant
conditions),
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b. your most current forecast or schedule for harvesting and replanting of
various areas of the Land (including maps indicating the particular areas and
likely schedules).
3. follow the format of the template annual report published on our website
If requested in writing by the OIO, the Consent Holder(s) must provide a written report within
20 working days (or such other timeframe as specified) on any matter relating to its
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compliance with:
a. the representations and plans made or submitted in support of the application
and notified by the regulator as having been taken into account when the
Consent was granted, or Official
b. the conditions of this Consent.
Power to vary reporting date the
The dates on which reports are due to be provided may be changed by agreement between
LINZ and the consent holder, provided that this power may not be used to give a time
extension for an individual report.
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Power to narrow scope of reports
LINZ may temporarily or permanently waive the requirement to report on a particular matter.
Power not to require further reporting
LINZ may waive the requirement to submit a report and may waive the requirement for future
reporting.
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Document Outline
- Consent for Overseas Person to Acquire Sensitive New Zealand Land
