Overseas Investment Office
Our Ref: 201620054
Radio New Zealand House
155 The Terrace
4 November 2016
PO Box 5501
Wellington 6145
Michelle Bartlett
New Zealand
+64 4 460 0110
BY EMAIL
www.linz.govt.nz
Dear Michelle
OFFICIAL INFORMATION ACT REQUEST
1.
I refer to your email of 14 October 2016 requesting under the Official
Information Act 1982 (OIA):
(a) The number of applications to acquire land on Waiheke Island approved
and declined in the last 10 years
(b) Details on the approval granted to James Rudolph Baron Palumbo of
Southwark (Lord Palumbo)'s acquisition of 26.9954ha at 609A & 609B
Orapiu Road, Waiheke Island including whether the offer to sell
seabed/foreshore to the Crown was instrumental in the application being
approved and at what stage in the process is the offer to sell
seabed/foreshore to the Crown at.
(c) What proportion of offers to sell riverbed/seabed or foreshore to the
Crown which were included in successful applications were taken up by
the Crown and the transfers effected?
(d) What is the total amount earned in application revenues by the OIO in the
past 12 months?
(e) How does the OIO check the viability - and longevity - of any
undertakings which are given during the application process?
(f)
Has any application been received by the OIO in respect of 341 Gordons
Road, Waiheke
2.
In terms of your request I respond as follows:
(a) Consent has been granted to 7 applications to acquire land on Waiheke
Island over the last 10 years, while no applications have been declined.
The following links to our website provide further information in relation to
those applications.
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2007-03/200710028
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2011-11/200821550
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2009-09/200910130
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2009-12/200920021
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2015-06/201510054
A2749221
2
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2015-12/201520051
http://www.linz.govt.nz/regulatory/overseas-investment/decision-
summaries-statistics/2016-07/201610053
(b) We attach a copy of the OIO Report and the Notice of Decision relating to
Lord Palumbo’s acquisition of 26.9954ha at 609A & 609B Orapiu Road,
Waiheke Island. You will note that some information has been withheld.
That information has been withheld under section 17 of the OIA, as we
consider that good reason for the withholding of the information exists
under section 9(2)(a) of the OIA.
(c) Of the 7 applications for consent to acquire land on Waiheke Island only
Lord Palumbo’s acquisition required the vendor to offer to sell seabed or
foreshore (special land) to the Crown. The process of offering special land
to the Crown involves a two step process. First, the Vendor offers the land
to the Crown. Secondly, the Crown then decides whether or not it wishes
to acquire the land, and if it does, makes the acquisition. Only the first
step needs to be completed before an application for consent is decided.
It is important to note that under the Overseas Investment Act, it is a
criterion of consent that the special land be offered up. It is not
necessary for the Crown to acquire the special land before consent is
granted. In this case, a separate report setting out whether the Crown
should acquire the special land will be prepared in due course. In the
interim, a consent condition is imposed requiring the consent-holder to
deal with the Crown in accordance with the Overseas Investment
Regulations, including requiring the consent-holder to be bound by any
arrangement that the vendor entered into with the Crown in relation to
the special land (preserving the Crown's position). Please see the
attached Notice of Decision for details of the conditions of consent.
(d) In the 2015/16 financial year the OIO received application fees totalling
$2,821,148.
(e) In relation to your question concerning monitoring, all consents granted
are subject to conditions, which can include the requirement to report
annually on the implementation of the business plan that was submitted
as part of the application. The attached Notice of Decision shows how the
OIO monitors the undertakings that are given during the application
process to ensure those plans and representations are implemented. The
Ministerial Directive letter (paragraphs 13 to 16 inclusive) outlines the
approach the OIO is directed by the Government to take in relation to
post
consent
monitoring.
See
:http://www.linz.govt.nz/system/files_force/media/doc/oio_ministerial
-directive-letter_20101208.pdf?download=1&download=1
(f)
From a search of our database it does not appear that we have received
any application in respect of 341 Gordons Road, Waiheke.
3
Yours sincerely
Pete Hill
Research and Support Officer
Overseas Investment Office
DDI: +64 4 460 2784
Email: [email address]
