NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business / Companies / Agribusiness

Fran O'Sullivan: Opening doors to China - but slowly

Fran O'Sullivan
By Fran O'Sullivan
Head of Business·NZ Herald·
31 Jan, 2012 04:30 PM6 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The Chinese bid for the Crafar dairy farms could probably have been settled much earlier had 2011 not been an election year. Photo / Supplied

The Chinese bid for the Crafar dairy farms could probably have been settled much earlier had 2011 not been an election year. Photo / Supplied

Fran O'Sullivan
Opinion by Fran O'Sullivan
Head of Business, NZME
Learn more

On Friday the Prime Minister is set to deliver an unambiguous message that New Zealand does welcome Chinese investment.

The timing couldn't be more exquisite.

While the Sir Michael Fay-led consortium is in the High Court at Wellington challenging the decision by two Cabinet ministers to approve Shanghai Pengxin's $210 million bid for the Crafar farms, John Key will be in Auckland unveiling his Government's 'Opening doors to China" strategy.

The document - which will almost certainly follow the model of last year's India strategy document - will chart the Government's goals for increasing bilateral trade and investment. It can be expected to include potted stories about the experiences of various Kiwi companies who are doing business in or trading with China.

But it can also be expected not to shrink from discussing the Government's plan to increase bilateral investment.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

It has taken an inordinately long time for the Key Government to get its China strategy into the public domain. A draft went to the business community for comment early last year, but it lay in limbo while the Government addressed other less sensitive issues first.

Clearly Key's Cabinet has had plenty on its plate: the Christchurch earthquake, Rugby World Cup and general election soaked up the time left over for considering new policies.

But in my view it has obviously been political sensitivities over Chinese investment - particularly the Crafar farms bid - that have played the larger part in the long delays.

This was obvious when late last year Trade Minister Tim Groser was deployed to Beijing to explain to his counterpart and other senior Chinese officials just why it was taking so much longer for the Pengxin bid - which on the basis of the application now in circulation was quite straightforward - to get through the Overseas Investment Office's approval process.

Chinese ministers would have been alert to Groser's sensitivities. They would probably also be mindful of the inordinate time it took for our own Fonterra to get approval to buy its stake in the SanLu dairy company.

Discover more

Agribusiness

Crafar farm sale: Readers reaction

27 Jan 04:23 AM
Opinion

Fran O'Sullivan: Key hits stride with Crafar farms decision

27 Jan 04:30 PM
Opinion

Editorial: NZ's interests must be kept in mind

27 Jan 04:30 PM
New Zealand|politics

Tough terms in Crafar decision

27 Jan 04:30 PM

But the Chinese political consul Cheng Lei also made sure the message got out that China expects New Zealand to honour the terms in the bilateral free trade agreement and treat Chinese on an equal footing with other foreign investors.

It's worth repeating Cheng's comment: "We do want the New Zealand side to have an objective approach when considering investments from China and consider whether that has been applied in Shanghai Pengxin's case."

Advertisement
Advertise with NZME.

Pengxin's application also emphasised this point: "The Chinese Government recently confirmed that it saw New Zealand as an attractive place for investment and was encouraging Chinese companies to invest in strategic assets such as dairy farms. If this application is refused without convincing reasoning linked to non-compliance with the act or the regulations (which we submit is not the case), that decision will be widely reported both domestically and internationally and will be likely to send a negative message about New Zealand's attitude towards Chinese investment and about whether the commitments made in the New Zealand-China FTA are being honoured."

The OIO quite rightly stood on principle and said that if the bid was turned down it could only be on justifiable grounds that ministers could easily defend without consequences for New Zealand's reputation.

But looking at the affair in its entirely, my own view is that the Chinese company was subjected to extraordinary delays simply so the ultimate approval fell on the other side of the election.

Was this the Overseas Investment Office's fault? Does the OIO second-guess where its political masters are coming from? Or did ministers excessively ride the OIO with additional information requests and checks on Pengxin's principals to slow the processes down?

These are the questions. But getting answers will be difficult in our opaque foreign investment regime.

Talking to other players in the bid yesterday, there seems no reason why Pengxin's agreement with Landcorp could not have been finalised by late August or September.

Advertisement
Advertise with NZME.

What this controversy does highlight is the lack of understanding of the benefits foreign investment brings, how ministers are constrained by the Overseas Investment Act, and a lack of understanding of the Chinese environment.

The OIO recommendations to ministers in Pengxin's case do address some of these issues.

First, the Overseas Investment Act does not require a foreign investor to do more than a New Zealand investor would do to the land. Instead, the legislation tests only whether the investment will or is likely to benefit New Zealand, a part of New Zealand or a group of New Zealanders, and whether that benefit will be substantial and identifiable.

Second, the OIO also notes (contrary to some very ill-informed comments on radio on Monday) that New Zealand firms have also looked abroad and purchased farmland to expand their own business activities. It says restricting foreign ownership of farmland would run counter to the policy operating in other countries, which could damage both New Zealand's reputation overseas and restrict the opportunities for New Zealand firms to expand overseas.

Third, it notes the Overseas Investment Act is neutral as to the nationality of the investor. "We note nevertheless that a consequence of New Zealand's free trade agreement with China is that both Chinese and New Zealand businesses are able to invest in property in each country.

"However, unlike New Zealand, in China both Chinese and foreign citizens may only apply for a long-term leasehold of land. Private, fee-simple ownership of land does not exist in China."

Advertisement
Advertise with NZME.

I hope some of these realities are addressed in the Government's China strategy - but fear they will be considered "too sensitive".

* In response to comments in last week's column, former Treasury official Richard Shallcrass says the Labour Government's policy was to sell 100 per cent of Telecom.

Shallcrass - who was in charge of the sale - said the Government's preference was to sell its holding in one transaction with the successful strategic stakeholder then obliged to mount an IPO to bring in other shareholders including small local investors.

A partial bid - at a higher price per share than that of the successful "Baby Bell" consortium (including Fay Richwhite and Freightways) - was tendered. But the Treasury's advisers concluded the Government would be worse off overall if it was accepted. A request for the Cabinet to delay its decision to allow for further negotiations with the unsuccessful bidder was refused.

Save

    Share this article

Latest from Agribusiness

Premium
Agribusiness

'Dark horse' emerges: Meiji named as potential bidder for Fonterra's Mainland

17 Jun 05:16 AM
Premium
Agribusiness

Comvita forecasts another annual loss

15 Jun 11:39 PM
Premium
Agribusiness

'Pretty positive': Fieldays vendors thrive as farmers invest

13 Jun 05:15 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from Agribusiness

Premium
'Dark horse' emerges: Meiji named as potential bidder for Fonterra's Mainland

'Dark horse' emerges: Meiji named as potential bidder for Fonterra's Mainland

17 Jun 05:16 AM

Japanese food group Meiji is listed on the Nikkei 225.

Premium
Comvita forecasts another annual loss

Comvita forecasts another annual loss

15 Jun 11:39 PM
Premium
'Pretty positive': Fieldays vendors thrive as farmers invest

'Pretty positive': Fieldays vendors thrive as farmers invest

13 Jun 05:15 AM
Strong demand driving NZ primary exports to record high

Strong demand driving NZ primary exports to record high

11 Jun 06:00 PM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP