Overseas Investment Office
Our Ref: 201710082
Radio New Zealand House
155 The Terrace
26 April 2017
PO Box 5501
Wel ington 6145
Oleksandr Kurichuk
New Zealand
+64 4 460 0110
BY EMAIL
www.linz.govt.nz
Dear Oleksandr
OFFICIAL INFORMATION ACT REQUEST
⋅
I refer to your email of 30 March 2017 requesting under the Official Information Act
1982 the names of the ten investors who were made to dispose of their investment
over the past ten years and the names of the four investors who voluntarily disposed
of their investment.
A thorough search of our records has revealed two more investors who were made to
dispose of their investments, for a total of 12.
We can name eight of the twelve investors who we required to dispose of sensitive
land:
Case
Name
Reason for disposal
Ordered by the High Court to pay a civil
200420041 Jian Xin Jia
penalty of $15,000 and dispose of
property. Property sold in 2006.
200320080 Fireseed LLC
Required by conditions of consent to
dispose of property. Property sold in 2009.
Settled proceedings brought by us relating
200624003 Gary Hanly
to a failure to obtain consent, by agreeing
Deborah Marriott
to dispose of the property concerned.
Property1 sold in 2014.
200720011 PH2 Developments Ltd
Required by conditions of consent to
dispose of property. Property sold in 2013.
201120003 Mikhail Khimich
Required by conditions of consent to
dispose of property. Property sold in 2015.
201210017 Kirsten Biltoft
Required by conditions of consent to
dispose of property. Property sold in 2016.
201210034 Nirvana Capital (NZ) Ltd Required by conditions of consent to
dispose of property. Property sold in 2016.
Required by conditions of consent to
201410007 Silver Fern International
Travel and Trade Ltd
dispose of property. Property sold in 2016-
17
In the remaining four cases, good reason exists to withhold the identity of the person
required to dispose of the land:
• In three cases, withholding the identity is necessary to protect the privacy of
natural persons and prevent prejudice to persons’ commercial positions;
A2888482
2
• In the fourth case, withholding the identity is necessary to prevent prejudice
to the maintenance of the law, as a related transaction is currently under
investigation.
In one of the three cases where withholding the identity is necessary to protect the
privacy of natural persons, the transaction was also subject to proceedings (not
involving the OIO) in New Zealand and overseas for which suppression orders were
made.
There are also five cases where investors disposed of their investments voluntarily, in
circumstances where they would otherwise have been made to dispose of their
investments.
We can name two of the five investors who disposed of sensitive land voluntarily:
Case
Name
Reason for disposal
Property was sold voluntarily after the OIO
200410005 MPM Trust
brought proceedings to compel the disposal
of the property. Consent had not been
obtained. Property was sold in 2006.
The company founder, Dr Hirotomo Ochi,
2004420082 Nikken Seil Company
Ltd
passed away, and the development did not
proceed. Property sold in 2008-11.
In the remaining three cases, good reason exists to withhold the identity of the
person required to dispose of the land, as withholding the identity is necessary to
protect the privacy of natural persons and prevent prejudice to persons’ commercial
positions.
Pursuant to section 19(b) of the Act, we advise that you have the right by way of
complaint to the Ombudsman under section 28(3) of the Act to seek an investigation
and review of the refusal to release all the information requested.
Yours sincerely
Pete Hill
Team Manager OIO Research and Support
Overseas Investment Office
DDI: +64 4 460 2784
Email: prhil @linz.govt.nz
