The Country
  • The Country home
  • Latest news
  • Audio & podcasts
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Rural business
  • Rural technology
  • Rural life
  • Listen on iHeart radio

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • Coast & Country News
  • Opinion
  • Dairy farming
  • Sheep & beef farming
  • Horticulture
  • Animal health
  • Rural business
  • Rural technology
  • Rural life

Media

  • Podcasts
  • Video

Weather

  • Kaitaia
  • Whāngarei
  • Dargaville
  • Auckland
  • Thames
  • Tauranga
  • Hamilton
  • Whakatāne
  • Rotorua
  • Tokoroa
  • Te Kuiti
  • Taumurunui
  • 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

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 / The Country / Opinion

Fran O'Sullivan: Crafar ruling robust first step

NZ Herald
20 Apr, 2012 05:30 PM5 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

This will send a clear signal to China that its companies are welcome to invest here.The planned purchase of the Crafar farms by a Chinese firm has had more support this time round. Photo / Christine Cornege

This will send a clear signal to China that its companies are welcome to invest here.The planned purchase of the Crafar farms by a Chinese firm has had more support this time round. Photo / Christine Cornege

Opinion

Lands Minister Maurice Williamson's decision to approve Chinese firm Shanghai Pengxin's latest application to acquire the 16 Crafar dairy farms appears robust.

The big question is whether the Government has the guts to rewrite New Zealand's foreign investment laws or continue with a regime where the Overseas Investment Office appears to be be actively managing political risk on its behalf.

It is notable that Associate Finance Minister Jonathan Coleman, who co-signed the ministerial approval (dated April 16), was yesterday far away in Afghanistan, leaving Williamson to front on his own any public backlash to their decision.

Coleman had apparently taken an inordinate amount of time to make sure their joint ministerial approval was sufficiently bulletproof to withstand another attempt by the Sir Michael Fay-led consortium to overturn it at court level. This is understandable given the public humiliation the pair experienced when Justice Forrie Miller overturned their initial approval.

But the delays did cause much frustration within the Beehive. Other senior ministers had wanted the issue put to bed before Jia Qinglin, China's number four, visited New Zealand this week.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

What is interesting about this latest OIO decision summary is a clause noting it will advance the NZ Inc China Strategy (a significant government strategy), one of the aims of which is to "increase bilateral investment to levels that reflect New Zealand's growing commercial relationship with China".

This is the first time the China strategy has been cited in an OIO decision. This will send a clear signal to China that its companies are welcome to invest here and ought to make the Fay consortium think twice before trying to overturn this latest decision at the High Court.

Reliable political sources suggest another reason for the deferral.

Put simply, Prime Minister John Key also wanted Williamson and Coleman to postpone the public announcement until he was back in New Zealand from his official visit to Indonesia and Singapore.

Key had been concerned that if the announcement took place while he was abroad, the Government's political opponents would have accused him of stage-managing things so he did not have to face any political music.

Discover more

Agribusiness

Chinese coy on farm sale to iwi

19 Apr 05:30 PM
Agribusiness

Farmers expect Crafar bid to succeed

19 Apr 08:31 PM
Opinion

Editorial: Investors sure to be put off by Crafar loops

20 Apr 05:30 PM
New Zealand|politics

Papers show Crafar pressure

20 Apr 05:30 PM

So - despite being a done deal for the best part of a week - the announcement was postponed.

On the surface this is a remarkably defensive posture for a Government that is actively seeking foreign investment. Key himself has been overseas persuading major funds such as Singapore's Temasek to invest in the rebuilding of Christchurch, or in potential joint-ventures with companies such as Mighty River Power and Fonterra to leverage opportunities in Asia.

Advertisement
Advertise with NZME.

With the Crafar decision behind his Government, the time is ripe for a domestic sales pitch to support increased foreign direct investment (FDI) in New Zealand. Some thought is obviously going into the political management of the issue.

Unlike in January, when the ministers had little support from influential players for their initial approval for Shanghai Pengxin to buy the farms, this time round Federated Farmers and various business voices have supported their decision.

The Crafar approval is good news for Shanghai Pengxin, which has borne the brunt of xenophobic opposition to the "Chinese bid".

But potential overseas investors have found it difficult to come to grips with the opaque nature of New Zealand's current foreign investment regime.

The problem is the OIO is focused on sensitive rural land, not a modern foreign investment regime. The two have become confused. The Overseas Investment Act is full of inconsistencies because successive Governments have made ad hoc changes to it to defuse or stop outright politically controversial deals.

Inside word is that some investors - including Hong Kong business magnate Li Ka-shing, who walked away from a multimillion-dollar bid for Powerco rather than jump through the OIO's absurd hoops - now view New Zealand as "too hard".

Advertisement
Advertise with NZME.

This is not the kind of reputation such a capital-starved country needs.

Li's "no-confidence vote" will not surprise any of the Kiwi lawyers, accountants or bankers who have been tearing their hair out trying to explain to overseas investors why New Zealand's foreign investment regime is now decidedly opaque.

Trying to convince clients to dress up their bids to meet the new OIO test set by Justice Miller's judgment on the Crafar farms decision has proved difficult. The problem is major business assets on "sensitive land" are also caught by the Miller ruling, not just farmland.

Li's Cheung Kong Infrastructure bought the Wellington electricity network off Vector in 2008 in a $785 million deal. China's power grid operator State Grid was also in the running.

The asset has previously been in United States and Canadian ownership - and got through the OIO's hoops with relative ease. Adding Powerco - which is New Zealand's second-largest electricity and gas network - would have consolidated Cheung Kong Infrastructure's investment in New Zealand.

But meanwhile it's "no cash in".

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from Rural Property

Rural Property

‘Fantastic’: Interest in sheep and beef properties on the rise

19 Jun 01:56 AM
Premium
Rural Property

All rentals must meet five Healthy Homes standards by July 1

17 Jun 11:00 PM
Premium
The Country

Paved paradise? Top Auckland school builds staff car park on $150m gifted farmland

06 Jun 05:00 PM

How a Timaru mum of three budding chefs stretched her grocery shop

sponsored
Advertisement
Advertise with NZME.

Latest from Rural Property

‘Fantastic’: Interest in sheep and beef properties on the rise

‘Fantastic’: Interest in sheep and beef properties on the rise

19 Jun 01:56 AM

Sponsored content: PGG Wrightson Real Estate GM says it's a welcome change for the sector.

Premium
All rentals must meet five Healthy Homes standards by July 1

All rentals must meet five Healthy Homes standards by July 1

17 Jun 11:00 PM
Premium
Paved paradise? Top Auckland school builds staff car park on $150m gifted farmland

Paved paradise? Top Auckland school builds staff car park on $150m gifted farmland

06 Jun 05:00 PM
‘Exciting for the country’: Why the rural property market is set for spring

‘Exciting for the country’: Why the rural property market is set for spring

15 May 08:30 PM
Anzor’s East Tāmaki hub speeds supply
sponsored

Anzor’s East Tāmaki hub speeds supply

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