New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Ministerial decision‑making and evidence
  • 7 Aug 2012

    TIROA E & TE HAPE B TRUSTS V CE LAND INFORMATION NEW ZEALAND COA CA88/2012

    Citation
    openlaw-31773fb8_5073_472c_8e75_ffc944b43e13.pdf
    Court
    Court of Appeal

    Section 16(1)(a) does not require hands‑on industry‑specific expertise; it requires business experience and acumen that is relevant to the proposed investment which, for a substantial multi‑farm acquisition, can include general entrepreneurial and investment experience and may properly be assessed together with proposed contractual arrangements with experienced operators; given the material before the OIO and Ministers they were entitled to conclude the controlling individuals had relevant experience and acumen and had sufficient information to do so; appeals dismissed.

    • Overseas investment act 2005 interpretation
    • Business experience and acumen criterion (s 16(1)(a))
    • Ministerial decision‑making and evidence
    • Adequacy of information for review
    • Benefit assessment (s 16(1)(e))
    • Remedies and costs